State v. Davis, 21839
| Citation | 278 S.C. 544,298 S.E.2d 778 |
| Decision Date | 03 January 1983 |
| Docket Number | No. 21839,21839 |
| Court | United States State Supreme Court of South Carolina |
| Parties | The STATE, Respondent, v. Charlton DAVIS, Appellant. |
Assistant Appellate Defender Tara D. Shurling, of S.C. Com'n of Appellate Defense, Columbia, for appellant.
Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Harold M. Coombs, Jr., and Sol. James C. Anders, Columbia, for respondent.
Appellant was indicted for murder and appeals from a conviction of voluntary manslaughter. His sentence was twenty-four years' imprisonment. He appeals, contending that his conviction should be reversed because there was no evidence to support a jury instruction on, and a conviction of, voluntary manslaughter. We affirm.
Over appellant's timely objection, the trial judge instructed voluntary manslaughter on the ground that appellant's intoxication could have eliminated the element of malice from the killing. The instruction was given upon an erroneous ground. Voluntary intoxication does not impair a person's ability to act with malice aforethought so as to reduce murder to voluntary manslaughter. State v. Crocker, 272 S.C. 344, 251 S.E.2d 764 (1979). However, the fact that the trial judge gave the wrong ground for his decision does not preclude affirmance upon a proper ground sustained by the record. State v. Goodstein, S.C. 292 S.E.2d 791 (1982); Supreme Court Rule 4, section 8.
Voluntary manslaughter is the unlawful killing of a human being in sudden heat of passion upon a sufficient legal provocation. State v. Linder, 276 S.C. 304, 278 S.E.2d 335 (1981). It is proper to refuse to instruct voluntary manslaughter in a murder case only when there appears no evidence whatsoever tending to show manslaughter. State v. Kahan, 268 S.C. 240, 233 S.E.2d 293 (1977). Here, a witness testified that appellant and the victim had been "fighting." From this circumstance of "provocation" and "heat of passion," guilt of voluntary manslaughter could be fairly and logically deduced and was thus a proper matter for jury determination. Kahan; State v. Pauling, 264 S.C. 275, 214 S.E.2d 326 (1975). In like manner, where there is evidence tending to establish guilt on the charge, neither a refusal to direct a verdict of acquittal nor a refusal to grant a new trial is error. Pauling. The conviction is affirmed.
To continue reading
Request your trial
-
State v. Cherry
...e.g., State v. Burdette, 335 S.C. 34, 515 S.E.2d 525 (1999); State v. Poindexter, 314 S.C. 490, 431 S.E.2d 254 (1993); State v. Davis, 278 S.C. 544, 298 S.E.2d 778 (1983); State v. Pauling, 264 S.C. 275, 214 S.E.2d 326 (1975); State v. Clamp, 225 S.C. 89, 80 S.E.2d 918 Several opinions, beg......
-
State v. Locklair
...where it very clearly appears there is no evidence whatsoever tending to reduce the crime from murder to manslaughter. State v. Davis, 278 S.C. 544, 298 S.E.2d 778 (1983). This Court has held in several cases that it is proper to charge voluntary manslaughter where the defendant and the vic......
-
State v. Smith
...must stand absent an error of law." State v. Nix, 288 S.C. 492, 496, 343 S.E.2d 627, 629 (Ct.App.1986); see also State v. Davis, 278 S.C. 544, 298 S.E.2d 778 (1983) (where there is evidence tending to establish guilt on a charge, neither the refusal to direct a verdict of acquittal nor the ......
-
State v. Nichols
...the intentional killing of a human being in the sudden heat of passion resulting from a sufficient legal provocation. State v. Davis, 278 S.C. 544, 298 S.E.2d 778 (1983). Self-defense and voluntary manslaughter are not mutually exclusive and should both be submitted to the jury if supported......