STATE v. DUNCAN

No. 26974.

392 S.C. 404 (2011)

709 S.E.2d 662

The STATE, Appellant, v. Gregory Kirk DUNCAN, Respondent.

Supreme Court of South Carolina.

Decided May 9, 2011.

Rehearing Denied June 8, 2011.


Attorney(s) appearing for the Case

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General S. Creighton Waters , of Columbia, and Solicitor Robert Mills Ariail , of Greenville, for Appellant.

Chief Appellate Defender Robert M. Dudek and Senior Appellate Defender Joseph L. Savitz, III , of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.


Justice PLEICONES:

The State appeals the circuit court's grant of respondent's pre-trial motion to dismiss on the ground that respondent was entitled to immunity under the Protection of Persons and Property Act1 (the Act). We affirm.

FACTS

Respondent was indicted for murder after he shot and killed Christopher Spicer (the victim) at respondent's home. Prior to trial, respondent moved to dismiss the indictment,...

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