State v. Burton

Justice PLEICONES:

This Court granted the State’s petition for writ of certiorari to review the Court of Appeals’ decision in State v. Burton, 349 S.C. 430, 562 S.E.2d 668 (Ct.App.2002), 1 and further directed the parties to brief whether pointing and presenting a firearm is a lesser included offense of assault with intent to kill. We vacate Burton’s conviction of pointing and presenting a firearm because it is not a lesser included offense of assault with intent to kill. Also, we reverse the Court of Appeals’ ruling that the trial court erred in failing to direct a verdict on Burton’s charges…