State v. Somerset

Ness, Justice.

Appellant Ronald John Somerset was convicted of murder and sentenced to life imprisonment. We affirm.

Appellant asserts the trial court erred in failing to include a verdict of not guilty in its forms of verdict. We disagree.

Although the better practice is to submit a verdict of not guilty, the law to be charged must be determined from the evidence presented. State v. Rogers, S. C., 272 S. E. (2d) 792 (1980).

Here, appellant relied on an insanity defense throughout his trial, he conceded he shot the deceased in the back, therefore, there was no real issue as to what occurred. The…