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Home / Top Legal News / Malice can’t be inferred from deadly weapon use (access required)

Malice can’t be inferred from deadly weapon use (access required)

  If a defendant used a deadly weapon to kill someone, can judges instruct juries that the element of malice can be inferred based on the use of that deadly weapon? The South Carolina Supreme Court has said no, in an opinion that will have far-reaching effects in murder cases statewide. In State v. Burdette, the court ...

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