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STATE v. COMMANDER

No. 27062.

396 S.C. 254 (2011)

721 S.E.2d 413

The STATE, Respondent, v. Christopher Sam COMMANDER, Petitioner.

Supreme Court of South Carolina.

Heard June 21, 2011.

Attorney(s) appearing for the Case

Chief Appellate Defender Robert M. Dudek and Appellate Defender LaNelle C. DuRant , both of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Assistant Deputy Attorney General Donald J. Zelenka , Senior Assistant Attorney General Melody J. Brown, and Solicitor Daniel E. Johnson , all of Columbia, for Respondent.

Chief Justice TOAL:

Petitioner appeals State v. Commander, 384 S.C. 66, 681 S.E.2d 31 (Ct.App.2009), claiming the court of appeals erred by affirming the trial court's admission of expert testimony concerning the victim's manner of death and refusal to instruct the jury on the defense of accident. We affirm the court of appeals' decision as modified.

FACTS/PROCEDURAL BACKGROUND

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