State v. Rodgers

Appellant was convicted by a jury for murder that is wilful, deliberate and premeditated and carrying an unlawful weapon. The sentence was death in the electric chair.

In accordance with our ruling in State v. Rumsey, 267 S. C. 236, 226 S. E. (2d) 894 (1976), the sentence must be vacated and the case remanded for the purpose of sentencing appellant to life imprisonment.

Appellant alleges that the trial judge erred in allowing the solicitor to argue the facts of the case during his initial closing argument to the jury. It is contended that Circuit Court Rule 58 as interpreted by “common and well…