State v. Goodson

• Decision Date: 06 October 1993
• Docket Number: No. 23996,23996
• Citation: 312 S.C. 278,440 S.E.2d 370
• Court: South Carolina Supreme Court
• Parties: The STATE, Respondent, v. James E. GOODSON, Appellant. . Heard

Page 370

440 S.E.2d 370

312 S.C. 278

The STATE, Respondent, v. James E. GOODSON, Appellant.

No. 23996.

Supreme Court of South Carolina.

Heard Oct. 6, 1993.

Decided Jan. 17, 1994.

Deputy Chief Atty. Joseph L. Savitz, of South Carolina Office of Appellate Defense, Columbia, for appellant.

Atty. Gen., T. Travis Medlock, Chief Deputy Atty. Gen., Donald J. Zelenka, Deputy Atty. Gen., Salley W. Elliott, Columbia, and Sol. Ralph J. Wilson, Conway, for respondent.

HARWELL, Chief Justice:

James E. Goodson (Goodson) appeals his murder conviction, alleging that the trial judge erred in failing to instruct the jury on the defenses of accident and self defense. We disagree and affirm.

I. Facts

On the evening of January 4, 1992, Goodson was drinking and playing pool with friends at a local bar. An argument over a one dollar bet erupted between Goodson and Jake Floyd (Floyd), during which Floyd threatened Goodson with a pool stick. Goodson responded by drawing a gun from his pocket. The owner of the bar, Roy Hemingway (Hemingway), intervened and escorted Goodson outside. There, Goodson fired the gun into the ground and then shot Hemingway. Hemingway died of a single gunshot that entered below his chin, traveled slightly upward, and entered the base of his brain.

At trial, Goodson testified that the gun "just went off" as Hemingway was "coming at him." However, two witnesses testified that the gun discharged shortly after Goodson held it against Hemingway's chin and threatened to "blow his brains out." Additionally, one witness stated that Goodson shot Hemingway and then exclaimed, "Who's next?" The trial judge rejected Goodson's request to charge accident and instructed the jury as to murder, manslaughter, and involuntary manslaughter. A jury convicted Goodson of murder and he appealed.

II. Discussion

Goodson first asserts that the trial judge erred in failing to instruct the jury on self defense. We disagree.

The law to be charged to the jury is determined by the evidence presented at trial. State v. Lee, 298 S.C. 362, 380 S.E.2d 834 (1989). To establish self-defense the defendant must establish the following elements: 1) the defendant must be without fault in bringing on the difficulty; 2) the defendant must have actually believed he was in imminent danger of losing his life or sustaining serious bodily injury, or he actually was in such imminent danger; 3) if his defense is based upon his belief of imminent danger, a reasonably prudent man of ordinary firmness and courage would have entertained the same belief; if the defendant actually was in imminent danger, the circumstances were such as would warrant a man of ordinary prudence, firmness, and courage to strike the fatal blow to save himself from serious bodily harm or losing his own life, and; 4) the defendant had no other probable means of avoiding the danger of losing his own life or sustaining serious bodily injury than to act as he did in this particular instance. State v. Davis, 282 S.C. 45, 317 S.E.2d 452 (1984). Here, Goodson presented no evidence which shows that he believed he was in imminent danger of losing his life or sustaining serious bodily injuries at the time he shot Hemingway. There also is no evidence that Goodson was actually in imminent danger at the time he shot Hemingway. Accordingly, we find that the trial judge did not err in failing to instruct the jury on self defense.

Goodson next asserts that the trial judge erred in refusing to instruct the jury on the defense of accident. We disagree.

For a homicide to be excusable on the ground of accident, it must be shown that the killing was unintentional, that the defendant was acting lawfully, and that due care was exercised in the handling of the weapon. State v. Brown, 205 S.C. 514, 32 S.E.2d 825 (1945). Goodson contends he was acting lawfully when the gun accidentally discharged because he was acting in self defense. ¹ Homicide is excusable on the ground of accident when it appears that the defendant was acting lawfully in self defense and the victim was shot by accident through the unintentional discharge of a gun. State v. McCaskill, 300 S.C. 256, 387 S.E.2d 268 (1990). However, as stated above, Goodson presented no evidence from which the jury could have found that he shot Hemingway while acting in self defense. Therefore, the trial judge did not err in refusing to give the requested accident charge. See State v. Weaver, 265 S.C. 130, 217 S.E.2d 31 (1975) (a trial judge should not give a requested instruction that submits an issue which is not presented or supported by the evidence).

For the foregoing reasons, Goodson's conviction is

AFFIRMED.

CHANDLER, FINNEY and MOORE, JJ., concur.

TOAL, J., concurring in separate opinion.

TOAL, Justice, concurring:

I concur with the majority in the result. I disagree, however, with footnote 1. I would hold that Goodson was not lawfully armed at the time he shot and killed the victim; and therefore, he was not entitled to a charge of accident.

In State v. McCaskill, 300 S.C. 256, 387 S.E.2d 268 (1990), we held that a person armed in...