State v. Muller, 22117
| Decision Date | 25 May 1984 |
| Docket Number | No. 22117,22117 |
| Citation | 316 S.E.2d 409,282 S.C. 10 |
| Court | South Carolina Supreme Court |
| Parties | The STATE, Respondent, v. LeGrant MULLER, Appellant. |
Sam R. Haskell and Harry B. Burchstead, Jr., Sumter, for appellant.
Atty. Gen. T. Travis Medlock, Asst. Atty. Gen., Harold M. Coombs, Jr., and State Attys., Agnes Dale Moore, and Susan A. Lake, Columbia; and Sol. Wade S. Kolb, Jr., Sumter, for respondent.
Appellant was convicted of assault and battery of a high and aggravated nature and of carrying a concealed weapon and was sentenced to concurrent terms of eight (8) years and one (1) year, respectively. He contends the trial judge erroneously refused to charge the law of self-defense. We agree.
On December 25, 1982, appellant and Rowland Tomlin were involved in a shooting incident at the apartment of appellant's ex-wife. At trial, appellant testified he shot Tomlin after Tomlin took out a gun and began shooting at him.
The trial judge's refusal to charge the law applicable to self-defense was error because appellant's testimony constituted sufficient evidence from which the jury could infer that appellant acted in self-defense. State v. Adkinson, 311 S.E.2d 79 (1984); State v. Jackson, 227 S.C. 271, 87 S.E.2d 681 (1955).
Appellant's other exceptions are without merit and are dismissed under Rule 23 of the Rules of Practice of this Court.
Accordingly, appellant's conviction on the charge of assault and battery of a high and aggravated nature is reversed and remanded for a new trial; the conviction for carrying a concealed weapon is affirmed.
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...the defendant is entitled to instructions on the defense, and the trial judge's refusal to do so is reversible error." State v. Muller, 282 S.C. 10, 316 S.E.2d 409 (1984). There is sufficient evidence in the instant case to support a charge on self-defense. Day testified he believed he was ......
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...defendant is entitled to instructions on the defense, and the trial judge's refusal to do so is reversible error." State v. Muller, 282 S.C. 10, 10, 316 S.E.2d 409, 409 (1984).Slater II, 373 S.C. 66, 69-70, 644 S.E.2d 50, 52 (2007). The South Carolina Supreme Court concluded that Petitioner......
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...the accused to a jury charge on self-defense, a trial judge's refusal to give the charge is reversible error. State v. Muller, 282 S.C. 10, 10, 316 S.E.2d 409, 409 (1984). A self-defense charge is only required when the evidence supports it. State v. Slater, 373 S.C. 66, 69, 644 S.E.2d 50, ......
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...the defendant is entitled to instructions on the defense, and the trial judge's refusal to do so is reversible error." State v. Muller, 282 S.C. 10, 316 S.E.2d 409 (1984). There is sufficient evidence in the instant case to support a charge on self-defense. Day testified he believed he was ......