STATE v. BATTLE

No. 5222.

408 S.C. 109 (2014)

757 S.E.2d 737

The STATE, Respondent, v. Julian Deandre BATTLE, Appellant.

Court of Appeals of South Carolina.

Decided April 23, 2014.

Rehearing Denied May 22, 2014.


Attorney(s) appearing for the Case

Appellate Defender David Alexander , of Columbia, for Appellant.

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Donald J. Zelenka , Assistant Attorney General Alphonso Simon, Jr. , all of Columbia; and Solicitor W. Walter Wilkins, III , of Greenville, for Respondent.


GEATHERS, J.

Appellant Julian Deandre Battle appeals his conviction for murder, arguing the trial court erred in (1) refusing to charge the jury on involuntary manslaughter, and (2) charging the jury that it could consider evidence of Appellant's flight in determining his guilt. We reverse and remand for a new trial because there is evidence to support an involuntary manslaughter charge.

FACTS/PROCEDURAL HISTORY

On December 25, 2009, Appellant attended...

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