STATE v. LEWIS

No. 24720.

328 S.C. 273 (1997)

494 S.E.2d 115

The STATE, Respondent, v. James Joseph LEWIS, Jr., Appellant.

Supreme Court of South Carolina.

Decided December 8, 1997.


Attorney(s) appearing for the Case

Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles Molony Condon, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, Columbia; and Ralph J. Wilson, Conway, for respondent.


BURNETT, Justice:

On November 2, 1995, appellant broke into his estranged wife's home and shot her paramour at close range, killing him. Appellant was indicted on murder and first degree burglary charges. He was convicted of voluntary manslaughter and first degree burglary, but found mentally ill.

Appellant argues the trial judge erred by failing to instruct the jury on insanity. He contends his own testimony and that of lay witnesses supported an instruction...

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