STATE v. ADKINSON

22023

280 S.C. 85 (1984)

311 S.E.2d 79

The STATE, Respondent, v. James B. ADKINSON, Appellant.

Supreme Court of South Carolina.

January 4, 1984.


Attorney(s) appearing for the Case

Elmer W. Hatcher, Jr., of Fox, Zier, Burkhalter & Hatcher, Aiken, and S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., and State Atty. Agnes Dale Moore, Columbia, and Sol. Robert J. Harte, Aiken, for respondent.


January 4, 1984.

NESS, Justice:

Appellant, James B. Adkinson, was convicted of assault and battery with intent to kill and was sentenced to nineteen years imprisonment. He contends the trial judge erroneously failed to charge the law of self defense. We agree and reverse.

At trial, appellant testified that in order to defend himself, he struggled with the prosecuting witness, who had confronted him with a pistol. He further claims the prosecuting witness...

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