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STATE v. NILES

No. 5034.

400 S.C. 527 (2012)

735 S.E.2d 240

The STATE, Respondent, v. Richard Bill NILES, Jr., Appellant.

Court of Appeals of South Carolina.

Decided September 12, 2012.

Withdrawn, Substituted and Refiled November 14, 2012.

Rehearing Denied November 14, 2012.

Attorney(s) appearing for the Case

Robert Michael Dudek , South Carolina Commission on Indigent Defense, of Columbia, and Reid T. Sherard , of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Appellant.

Attorney General Alan M. Wilson , Chief Deputy Attorney General John W. McIntosh , Senior Assistant Deputy Attorney General Salley W. Elliott , and Assistant Attorney General Brendan J. McDonald , all of Columbia, for Respondent.

WILLIAMS, J.

On appeal, Richard Bill Niles, Jr. (Niles) argues the circuit court erred in declining to charge the jury on voluntary manslaughter because there was evidence that Niles was not the first aggressor. Niles asserts the circuit court incorrectly reasoned Niles was either acting in self-defense or shot the decedent during the commission of an armed robbery. Because voluntary manslaughter and self-defense are not mutually

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