Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South Carolina

To me, the issue presented here is essentially simple though before I am through the canvassing of the many authorities some readers may be convinced otherwise. I start with the key definitional distinction. Malice aforethought is an element, an essential ingredient of the crime of murder in South Carolina. Malice aforethought does not enjoy that status in Ohio, or New York. Lack of self-defense equates to malice aforethought. Self-defense in South Carolina is no crime. It is a right. When, as here, the issue of whether or not there is self-defense has been factually injected into the case it…