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STATE v. OWENS

Opinion No. 5663.

427 S.C. 325 (2019)

831 S.E.2d 126

The STATE, Respondent, v. Ahshaad Mykiel OWENS, Appellant.

Court of Appeals of South Carolina.

Filed January 23, 2019.

Withdrawn, Substituted and Refiled July 10, 2019.

Rehearing Denied August 22, 2019.

Attorney(s) appearing for the Case

Chief Appellate Defender Robert Michael Dudek , of Columbia, for Appellant.

Attorney General Alan McCrory Wilson , Deputy Attorney General Donald J. Zelenka , and Assistant Attorney General Susannah Rawl Cole , all of Columbia; and Solicitor Scarlett Anne Wilson , of Charleston, all for Respondent.

In criminal law, the defense of accident is a recluse: it is seldom seen and often misunderstood. This appeal requires us to examine in full light the defense and the language trial courts use when explaining it to juries, focusing on when a defendant who is engaged in unlawful conduct may still be entitled to the defense. While we conclude...

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