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Criminal Practice – Jury Instructions – Murder – Self-Defense – Continuing to Shoot – Immunity
By: S.C. Lawyers Weekly staff//July 12, 2013
Criminal Practice – Jury Instructions – Murder – Self-Defense – Continuing to Shoot – Immunity
By: S.C. Lawyers Weekly staff//July 12, 2013
State v. Marin (Lawyers Weekly No. 011-097-13, 9 pp.) (John C. Few, Ch.J.) Appealed from Spartanburg County Circuit Court (J. Derham Cole, J.) S.C. App.
Holding: Where the trial court instructed the jury that a person may use deadly force when he reasonably believes it is necessary to do so under the circumstances, it was the trial lawyer’s responsibility to argue how the principle of law affected the facts of the case; i.e., that defendant was justified in firing a second shot at the victim.
We affirm defendant’s murder conviction.
The trial court also correctly refused to charge S.C. Code Ann. § 16-11-450(A) because it does not contain any substantive provisions of law. Rather, it is a procedural subsection under which the circuit court may grant immunity from prosecution before a trial begins if the court finds the defendant acted lawfully in self-defense.
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