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Home / Courts / Criminal Practice – Murder Trial – Malice Instruction – Use of a Deadly Weapon – ‘Waving’ Gun (access required)

Criminal Practice – Murder Trial – Malice Instruction – Use of a Deadly Weapon – ‘Waving’ Gun (access required)

State v. Miller This case was pending on appeal when our Supreme Court decided State v. Belcher, 385 S.C. 597, 685 S.E.2d 802 (2009); therefore, Belcher applies. Since there was evidence that would reduce, mitigate, or excuse the killing, the trial court erred when it instructed the jury that the use of a deadly weapon implied malice.

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