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STATE v. COLE

No. 25037.

338 S.C. 97 (2000)

525 S.E.2d 511

The STATE of South Carolina, Respondent, v. Randy Michael COLE, Appellant.

Supreme Court of South Carolina.

Decided January 4, 2000.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Robert E. Bogan, of Office of the Attorney General, of Columbia; and Solicitor Holman C. Gossett, of Spartanburg, for respondent.

BURNETT, Justice:

Appellant was convicted of the murder of Bobby Spencer. He appeals the trial court's refusal to instruct the jury on voluntary manslaughter. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On Christmas Eve, 1996, Appellant, his brother Scott Cole, and his friends Jason Best and Jay McKown were together at Appellant's apartment. Between 9:00 and 10:00 that evening, Paul Pennington and the victim, Bobby Spencer, arrived, followed closely...

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