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STATE v. SMITH

No. 26926.

391 S.C. 408 (2011)

706 S.E.2d 12

The STATE, Petitioner, v. David Dwight SMITH, Respondent.

Supreme Court of South Carolina.

Decided February 7, 2011.

Attorney(s) appearing for the Case

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , and Assistant Deputy Attorney General Donald J. Zelenka , all of Columbia, and Solicitor Harold W. Gowdy, III , of Spartanburg, for Petitioner.

Senior Appellate Defender Joseph L. Savitz, III , of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Justice KITTREDGE:

David Dwight Smith shot and killed Robert Finley in a failed drug deal. The trial court charged the jury on the law of murder and self-defense, but refused to charge voluntary manslaughter, involuntary manslaughter, or accident. The jury convicted Smith of murder and possession of a firearm during the commission of a violent crime.1 The court of appeals held Smith was entitled to a voluntary manslaughter charge and reversed...

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