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STATE v. LOWRY

No. 23900.

434 S.E.2d 272 (1993)

The STATE, Respondent, v. Eric Douglas LOWRY, Petitioner.

Supreme Court of South Carolina.

Decided July 12, 1993.

Attorney(s) appearing for the Case

David I. Bruck; and South Carolina Office of Appellate Defense, Columbia, for petitioner.

Attorney General T. Travis Medlock, Chief Deputy Atty. Gen., Donald J. Zelenka, Sr. Asst. Atty. Gen., Harold M. Coombs, Jr. and Asst. Atty. Gen., Rakale B. Smith, Columbia; and Sol. Larry F. Grant, of York, for respondent.

HARWELL, Chief Justice:

We granted petitioner Eric Douglas Lowry's petition for writ of certiorari to review the Court of Appeals' decision in State v. Lowry, ___ S.C. ___, 424 S.E.2d 549 (Ct. App.1992). Lowry contends that the Court of Appeals erred in ruling that he was not entitled to a charge on voluntary manslaughter. We agree, and reverse and remand for a new trial.

I. FACTS

In December 1990 Lowry...

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