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STATE v. HOLLIDAY

No. 2896.

333 S.C. 332 (1998)

509 S.E.2d 280

The STATE, Respondent, v. Aaron HOLLIDAY, Appellant.

Court of Appeals of South Carolina.

Decided November 9, 1998.

Rehearing Denied January 30, 1999.

Attorney(s) appearing for the Case

Assistant Appellate Defender M. Anne Pearce, of Office of Appellate Defense, of 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, of Office of the Attorney General, all of Columbia; and Solicitor Joseph J. Watson, of Greenville, for respondent.

CONNOR, Judge:

A jury convicted Aaron Holliday of assault with intent to kill, resisting arrest, illegally carrying a pistol, failure to stop when signaled by law enforcement, and carjacking. On appeal, Holliday argues the State improperly impeached him by commenting on his post-arrest silence. He also alleges the trial court erred in refusing his jury instruction of defense of others. We reverse and remand for a new trial.

FACTS

Aaron and his brother...

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