State v. Long, No. 24544

• Court: United States State Supreme Court of South Carolina
• Writing for the Court: BURNETT; FINNEY
• Citation: 480 S.E.2d 62,325 S.C. 59
• Parties: The STATE, Respondent, v. Jerome LONG, Appellant. . Heard
• Decision Date: 03 October 1996
• Docket Number: No. 24544

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480 S.E.2d 62 325 S.C. 59 The STATE, Respondent,
v.
Jerome LONG, Appellant. No. 24544. Supreme Court of South Carolina. Heard Oct. 3, 1996.
Decided Jan. 13, 1997.

[325 S.C. 61] Senior Assistant Appellate Defender Wanda H. Haile of S.C. Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles Molony Condon, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Robert F. Daley, Jr., Columbia; and Solicitor Walter M. Bailey, Jr., Summerville, for respondent.

BURNETT, Justice:

Appellant was convicted of murder and sentenced to life imprisonment.

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ISSUES

1. Did the trial judge err by failing to direct a verdict of acquittal because the evidence established self-defense as a matter of law?

2. Did the trial judge err by refusing to instruct the jury on defense of others?

DISCUSSION

I.

Appellant argues the trial judge erred by failing to direct a verdict of acquittal because the evidence established self-defense as a matter of law. He contends he was entitled to a directed verdict on self-defense because the evidence presented was similar to that in State v. Hendrix, 270 S.C. 653, 244 S.E.2d 503 (1978). We disagree.

[325 S.C. 62] When ruling on a motion for a directed verdict, the trial judge is concerned with the existence of evidence, not its weight. When this Court reviews the denial of a motion for a directed verdict, it views the evidence in the light most favorable to the non-moving party, and if there is any direct or substantial circumstantial evidence which reasonably tends to prove the guilt of the accused or from which guilt may be fairly and logically deduced, refusal by the trial judge to direct a verdict is not error. State v. Williams, 321 S.C. 327, 468 S.E.2d 626 (1996); State v. Stokes, 299 S.C. 483, 386 S.E.2d 241 (1989).

To establish self-defense, the defendant must establish (1) he was without fault in bringing on the difficulty; (2) he actually believed he was in imminent danger of losing his life or sustaining serious bodily injury; (3) a reasonably prudent person of ordinary firmness and courage would have entertained the same belief; and (4) he had no other probable means of avoiding the danger. State v. Bruno, --- S.C. ----, 473 S.E.2d 450 (1996); State v. Davis, 282 S.C. 45, 317 S.E.2d 452 (1984). However, a person attacked on his own premises, without fault, has the right to claim immunity from the law of retreat. State v. Sales, 285 S.C. 113, 328 S.E.2d 619 (1985).

Viewing the testimony in the light most favorable to the State, the evidence is as follows. Appellant lived with his wife and her four children. Appellant's wife and others testified that prior to the day of the shooting, appellant ¹ stated he would kill Ronald, appellant's twenty-one year old stepson who did not live in appellant's home, if he came into the home. On the day of the shooting, appellant told his eleven-year-old stepson, Chris (Ronald's brother), he had called the police and reported Ronald had stolen a bicycle. Chris left appellant's home and told Ronald about appellant's statement. Chris accompanied Ronald back to the home. Appellant was in his bedroom with the door closed. Ronald beat on the bedroom door with a baseball bat and argued with appellant through the door...