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STATE v. BROWN

Appellate Case No. 2019-001548 Opinion No. 5953.

438 S.C. 146 (2022)

881 S.E.2d 771

The STATE, Respondent, v. Nyquan Tykie BROWN, Appellant.

Court of Appeals of South Carolina.

Filed November 30, 2022.

Rehearing Denied January 4, 2023.

Attorney(s) appearing for the Case

Appellate Defender Lara M. Caudy , of Columbia, for Appellant.

Attorney General Alan McCrory Wilson , Deputy Attorney General Donald J. Zelenka , Senior Assistant Deputy Attorney General Melody J. Brown , and Assistant Attorney General Julianna E. Battenfield , all of Columbia; and Solicitor William Walter Wilkins, III , of Greenville, all for Respondent.

This is an appeal of a murder conviction. The sole issue is whether it was error for the circuit court to instruct the jury that it was permissible (but not required) for the jury to infer malice if the killing occurred during the commission of a felony.

The charge was straight out of...

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