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STATE v. COOLEY

No. 25184.

342 S.C. 63 (2000)

536 S.E.2d 666

The STATE, Respondent, v. Delano Rafael COOLEY, Sr., Appellant.

Supreme Court of South Carolina.

Decided August 14, 2000.

Rehearing Denied October 18, 2000.

Attorney(s) appearing for the Case

Beattie B. Ashmore, of Ashmore & Yarborough, P.A., and James F. Brehm, both of Greenville, for appellant.

Attorney General Charles M. Condon, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General J. Benjamin Aplin, all of Columbia, and Solicitor Robert M. Arial, of Greenville, for respondent.

TOAL, Chief Justice:

Appellant Delano Rafael Cooley, Sr., ("Defendant") was convicted of voluntary manslaughter in the death of his wife Donna Cooley ("Victim"). He has appealed. We reverse.

FACTUAL/PROCEDURAL BACKGROUND

On October 26, 1996, Defendant shot and killed Victim as she sat at their dinner table. At trial, Defendant claimed the gun fired accidently while he was showing Victim that it was unloaded. There were no witnesses to the killing...

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