State v. Cottrell, 376 S.C. 260

Summary

The Supreme Court of South Carolina held that the evidence, viewed in the light most favorable to the defendant, supported a jury instruction on voluntary manslaughter as a lesser offense of murder. The court concluded that the evidence presented a jury question as to whether the police officer attempted a lawful arrest using unnecessary violence, which could constitute sufficient legal provocation. The court reversed the murder conviction and death sentence and remanded for further proceedings.

Holdings

1. The evidence warranted a voluntary manslaughter instruction because a jury could reasonably find that the officer attempted an arrest or detention through unnecessary violence, providing sufficient legal provocation.
2. The trial court erred by holding as a matter of law that the officer was effectuating a lawful arrest in a lawful manner when he tackled Cottrell from behind.

Questions Presented

1. Whether the evidence, viewed in the light most favorable to Cottrell, supported a jury instruction on voluntary manslaughter as a lesser included offense of murder.
2. Whether the trial court improperly resolved as a matter of law that the officer was effectuating a lawful arrest in a lawful manner when he tackled Cottrell from behind.

Disposition

reversed_and_remanded