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STATE v. PAYNE

Opinion No. 5846.

434 S.C. 121 (2021)

862 S.E.2d 81

The STATE, Respondent, v. Demontay Markeith PAYNE, Appellant.

Court of Appeals of South Carolina.

Filed August 11, 2021.

Rehearing Denied August 31, 2021.

Attorney(s) appearing for the Case

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

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General W. Jeffrey Young , Deputy Attorney General Donald J. Zelenka , Senior Assistant Deputy Attorney General Melody Jane Brown , Assistant Attorney General William Joseph Maye , all of Columbia; and Solicitor John William Weeks , of Aiken, all for Respondent.

Demontay Markeith Payne appeals his conviction for murder, asserting the trial court erred in (1) failing to instruct the jury on voluntary manslaughter and (2) refusing to tailor its self-defense instruction to include language concerning a defendant's justification in continuing to shoot until the apparent danger has ceased. Because...

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