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STATE v. WILLIAMS

No. 4058.

367 S.C. 192 (2005)

624 S.E.2d 443

The STATE, Respondent, v. Kelvin R. WILLIAMS, Appellant.

Court of Appeals of South Carolina.

Decided December 12, 2005.

Rehearing Denied January 19, 2006.

Attorney(s) appearing for the Case

Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General W. Rutledge Martin; and Solicitor Warren Blair Giese, of Columbia, for Respondent.

STILWELL, J.:

Kelvin Williams appeals the trial court's refusal to charge that an individual lawfully being placed under arrest has the right to defend himself against the use of excessive force by the police officer. We reverse and remand.

FACTS

Williams was tried and convicted of resisting arrest and assaulting a law enforcement officer. The circumstances of this case arise from Deputy Warren Gadson's attempt to serve a family court bench warrant...

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