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STATE v. SMITH

No. 5167.

406 S.C. 547 (2013)

752 S.E.2d 795

The STATE, Respondent, v. Thomas SMITH, Appellant.

Court of Appeals of South Carolina.

Decided August 28, 2013.

Withdrawn, Substituted and Refiled November 27, 2013.

Rehearing Denied November 27, 2013.

Attorney(s) appearing for the Case

Appellate Defender Susan Barber Hackett , of Columbia, for Appellant.

Attorney General Alan Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , Senior Assistant Attorney General Harold M. Coombs, Jr. , and Assistant Attorney General Julie Kate Keeney , all of Columbia, and Solicitor Barry Barnette , of Spartanburg, for Respondent.

SHORT, J.

Thomas Smith appeals his convictions for voluntary manslaughter, possession with intent to distribute marijuana within a half-mile radius of a school, and possession with intent to distribute marijuana. He argues the trial court erred in denying his motion for a directed verdict because the undisputed evidence showed he shot the victim in self-defense. We affirm.

FACTS

Around midnight on March 12, 2009, Smith and three of his friends, Rocky...

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