State v. Woods

Gregory, Justice:

Appellant Stanley Eugene Woods was found guilty of murder and armed robbery and was sentenced to death pursuant to S. C. Code Ann. § 16-3-20 (Cum. Supp. 1983) for murder and twenty-five years imprisonment for armed robbery. We reverse the convictions, vacate the sentences, and remand for a new trial.

Woods first contends the trial judge impermissibly shifted the burden of persuasion to him to rebut the presumption of malice when he charged the jury:

Now malice is implied where one intentionally and deliberately does an unlawful act. Malice is presumed from the use of a deadly…