State v. Wharton, 381 S.C. 209

Summary

The Supreme Court of South Carolina held that the trial court erred by charging the jury on voluntary manslaughter because there was no evidence of sufficient legal provocation. The court upheld the refusal to charge on involuntary manslaughter and accident, finding no supporting evidence. It affirmed in part and vacated in part the court of appeals' decision and declined to resolve whether transferred intent applies to voluntary manslaughter.

Holdings

1. The trial court erred by instructing the jury on voluntary manslaughter because the record contained no evidence of sufficient legal provocation.
2. The court declined to decide whether transferred intent applies to voluntary manslaughter when the defendant kills an unintended victim after provocation by a third party, because there was no evidence of sufficient third-party provocation in this case.
3. The trial court properly refused to instruct the jury on involuntary manslaughter.
4. The trial court properly refused to instruct the jury on accident.

Questions Presented

1. Whether the evidence supported a jury instruction on voluntary manslaughter based on sufficient legal provocation.
2. Whether transferred intent applies to voluntary manslaughter when an unintended victim is killed and the alleged provocation was committed by a third party.
3. Whether the evidence supported an instruction on involuntary manslaughter.
4. Whether the evidence supported an instruction on accident.

Disposition

vacated