STATE v. FRIEND

21522

276 S.C. 552 (1981)

281 S.E.2d 106

The STATE, Respondent, v. Willie Lee FRIEND and James Calvin Scott, Appellants.

Supreme Court of South Carolina.

July 21, 1981.


Attorney(s) appearing for the Case

Chief Atty. John L. Sweeny and Deputy Appellate Defender Vance J. Bettis, S.C. Commission of Appellate Defense, Columbia, for appellants.

Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Kay G. Crowe and Lindy P. Funkhouser, Columbia, and Sol. James O. Dunn, Conway, for respondent.


July 21, 1981.

LITTLEJOHN, Justice:

The defendants, Willie Lee Friend and James Calvin Scott, were convicted of assault and battery with intent to kill and sentenced to terms of 15 years imprisonment. They have appealed. The only issue submitted to the court is whether the trial judge adequately charged the law of implied malice from the use of a deadly weapon.

The evidence reveals and the jury obviously concluded...

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