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STATE v. BRAYBOY

No. 4652.

387 S.C. 174 (2010)

691 S.E.2d 482

The STATE, Respondent, v. John BRAYBOY, Appellant.

Court of Appeals of South Carolina.

Decided March 4, 2010.

Rehearing Denied April 27, 2010.

Attorney(s) appearing for the Case

Chief Appellate Defender Robert M. Dudek, South Carolina Commission on Indigent Defense Division of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, Office of the Attorney General, of Columbia; Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

HUFF, J.

John Brayboy was convicted of murder in the death of his girlfriend and was sentenced to forty years. Brayboy appeals, asserting the trial court erred in failing to charge the jury on involuntary manslaughter. We reverse and remand.

FACTUAL/PROCEDURAL BACKGROUND

Early in the morning on August 8, 2005, neighbors Towanda Means and her boyfriend, Roger Brewton, heard Brayboy and his live-in girlfriend, Simone Garrett, arguing in their home...

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