Legal Opinion

State v. Lewis

Supreme Court of South Carolina

Decided December 8, 1997No. 24720PublishedCited by 5 opinions

1Opinion of the Court

BURNETT, Justice:

On November 2, 1995, appellant broke into his estranged wife’s home and shot her paramour at close range, killing him. Appellant was indicted on murder and first degree burglary charges. He was convicted of voluntary manslaughter and first degree burglary, but found mentally ill.

Appellant argues the trial judge erred by failing to instruct the jury on insanity. He contends his own testimony and that of lay witnesses supported an instruction on insanity. We disagree.

ISSUE

Did the trial judge err by refusing appellant’s request to instruct the jury on insanity?

FACTS

Appellant…

2Cases cited15 opinions

  1. State v. RoyNew Mexico Supreme Court · 1936
  2. State v. GardnerSupreme Court of South Carolina · 1951
  3. Brodka v. StateCourt of Criminal Appeals of Alabama · 1974
  4. State v. ToddSupreme Court of South Carolina · 1986
  5. De La Garza v. State, Texas Court of Appeals, 4th District (San Antonio)1983

10 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. StarnesSupreme Court of South Carolina · 2000
  2. State v. ShandsCourt of Appeals of South Carolina · 2018
  3. State v. SimpsonCourt of Appeals of South Carolina · 2019
  4. State v. CurryCourt of Appeals of South Carolina · 2014
  5. State v. StarnesSupreme Court of South Carolina · 2000

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