STATE v. BELCHER

No. 26729.

385 S.C. 597 (2009)

685 S.E.2d 802

The STATE, Respondent, v. Johnny Rufus BELCHER, Appellant.

Supreme Court of South Carolina.

Decided October 12, 2009.


Attorney(s) appearing for the Case

C. Rauch Wise, of Greenwood, and James E. Bryan, Jr., of Laurens, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent.


Justice KITTREDGE.

Appellant Johnny Rufus Belcher was convicted of murder and possession of a firearm during the commission of a violent crime following the shooting of his cousin, Fred Suber. The jury was charged with the offenses of murder and voluntary manslaughter, as well as self-defense. Of special significance was the jury instruction that permits an inference of malice from the use of a deadly weapon.

It has long been the practice for trial courts...

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