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STATE v. WHARTON

No. 26591.

381 S.C. 209 (2009)

672 S.E.2d 786

The STATE, Petitioner/Respondent, v. Danny Orlando WHARTON, Respondent/Petitioner.

Supreme Court of South Carolina.

Decided February 2, 2009.

Attorney(s) appearing for the Case

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Petitioner/Respondent.

Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, Division of Appellate Defense, of Columbia, for Respondent/Petitioner.

Chief Justice TOAL:

Danny Orlando Wharton was charged with murder and possession of a weapon during a violent crime following the shooting death of Chris Luster (Victim). The trial court charged the jury on the law of murder and voluntary manslaughter, but refused to charge the jury on involuntary manslaughter and accident. The jury found Wharton guilty of voluntary manslaughter and weapons possession. The court of appeals...

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