Legal Opinion

State v. Rogers

Supreme Court of South Carolina

Decided December 4, 1980No. 21344PublishedCited by 7 opinions

1Opinion of the Court

Ness, Justice:

Appellant Joseph Rogers was convicted of murder, in the shooting deaths of his wife and stepdaughter, and given two consecutive life sentences. We affirm.

Appellant asserts the trial court erred in refusing to charge the jury the law on voluntary manslaughter. We disagree.

Appellant requested a charge on voluntary manslaughter which was refused; counsel was not required to except to the ruling to preserve the issue for appeal. Rogers v. Florence Printing Company, 233 S. C. 567, 106 S. E. (2d) 258 (1958).

The law to be charged must be determined from the evidence presented. State v.…

2Cases cited2 opinions

  1. Rogers Ex Rel. Rogers v. Florence Printing Co.Supreme Court of South Carolina · 1958
  2. State v. JonesSupreme Court of South Carolina · 1979

3Cited by7 opinions

  1. State v. LinderSupreme Court of South Carolina · 1981
  2. State v. DamonSupreme Court of South Carolina · 1985
  3. State v. DingleSupreme Court of South Carolina · 1983
  4. State v. SomersetSupreme Court of South Carolina · 1981
  5. State v. MyersCourt of Appeals of South Carolina · 2001

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