STATE v. SMITH

No. 24102.

446 S.E.2d 411 (1994)

The STATE, Respondent, v. Elijah SMITH, Appellant.

Supreme Court of South Carolina.

Decided June 20, 1994.


Attorney(s) appearing for the Case

Wanda H. Haile, Asst. Appellate Defender, Columbia, for appellant.

T. Travis Medlock, Atty. Gen., Donald J. Zelenka, Chief Deputy Atty. Gen., Harold M. Coombs, Jr., Sr. Asst. Atty. Gen., Miller W. Shealy, Jr., Asst. Atty. Gen., and Richard A. Harpootlian, Sol., Columbia, for respondent.


TOAL, Justice.

This criminal appeal arises from a jury verdict of guilty on the lesser-included offense of voluntary manslaughter. We affirm.

Facts

On the night of December 10, 1990, the appellant, Elijah Smith, left his girlfriend's apartment at Saxon Homes in Richland County to purchase more beer. Accompanied by a friend, Anthony Kimble, Smith purchased the beer and was returning to the apartment when he encountered Robert Evans. Smith called out...

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