State v. King

Appellant Merle W. King was indicted for felony driving under the influence [S. C. Code Ann. § 56-5-2945 (Supp. 1985)]. He was tried, convicted and sentenced. This appeal followed. We reverse and remand for a new trial.

Appellant contends the trial judge erred in refusing to charge the jury the law of involuntary manslaughter [a common law crime] and reckless homicide [S. C. Code Ann. § 56-5-2910 (1976)]. He argues these offenses are lesser included offenses of felony D.U.I. As a matter of policy, we agree.

It is clear that the same facts could easily justify an indictment on any of these…