STATE v. LEWELLYN

22065

281 S.C. 199 (1984)

314 S.E.2d 326

The STATE, Respondent, v. David Wesley LEWELLYN, Appellant.

Supreme Court of South Carolina.

Decided March 23, 1984.


Attorney(s) appearing for the Case

Asst. Appellate Defender William Isaac Diggs, of S.C. Commission of Appellate Defense, Columbia, and John T. Taylor, Charleston, for appellant.

Atty. Gen. T. Travis Medlock and Asst. Attys. Gen. Harold M. Coombs, Jr., and Carolyn M. Adams, Columbia; and Sol. Charles M. Condon, Charleston, for respondent.


Heard March 5, 1984.

Decided March 23, 1984.

LITTLEJOHN, Justice:

A jury convicted Appellant of malicious injury to real property for having driven his car into a residence. He appeals, asserting (1) that the trial judge erred in denying his motion for a continuance to obtain a witness and (2) that the trial judge erred in his charge to the jury by lessening the State's burden of proof and by shifting the burden of persuasion to Appellant to rebut...

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