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STATE v. STATEN

No. 3955.

364 S.C. 7 (2005)

610 S.E.2d 823

The STATE, Respondent, v. Dushun STATEN, Appellant.

Court of Appeals of South Carolina.

Decided March 7, 2005.

Rehearing Denied August 26, 2005.

Attorney(s) appearing for the Case

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, all of Columbia; and Solicitor Warren Blair Giese, of Columbia, for Respondent.

ANDERSON, J.:

Dushun Staten appeals his convictions for murder and lynching in the first degree. He argues the trial court erred in (1) admitting a prior statement by the decedent; (2) barring evidence regarding an alleged confession; and (3) refusing to charge the jury on the law of mere association and mere suspicion. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

On January 15, 2001, Phillip Lee, Jr., a student of Benedict College and a reputed...

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