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STATE v. PRICE

No. 5031.

400 S.C. 110 (2012)

732 S.E.2d 652

The STATE, Respondent, v. Demetrius PRICE, Appellant.

Court of Appeals of South Carolina.

Decided September 5, 2012.

Rehearing Denied October 18, 2012.

Attorney(s) appearing for the Case

Appellate Defender Kathrine H. Hudgins , for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , and Assistant Attorney General Mark R. Farthing , all of Columbia, and Solicitor Isaac McDuffie Stone, III , of Beaufort, for Respondent.

FEW, C.J.

Demetrius Price appeals his conviction for assault and battery with intent to kill (ABWIK). He argues the trial court erred in instructing the jury it could infer malice from the use of a deadly weapon. We affirm.

I. Facts and Procedural History

Deon Cannick was shot in the neck at close range. The bullet exited through his back, leaving his spinal cord exposed. He was instantly paralyzed, but survived. There was no evidence the shooting...

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