State v. Lewellyn

Littlejohn, Justice:

A jury convicted Appellant of malicious injury to real property for having driven his car into a residence. He appeals, asserting (1) that the trial judge erred in denying his motion for a continuance to obtain a witness and (2) that the trial judge erred in his charge to the jury by lessening the State’s burden of proof and by shifting the burden of persuasion to Appellant to rebut a presumption. We reverse.

Malice is an element of the offense of malicious injury to real property. S. C. Code Ann. Section 16-11-520 (Supp. 1983). That section makes one guilty if he “...…