State v. Wharton

Chief Justice TOAL:

Danny Orlando Wharton was charged with murder and possession of a weapon during a violent crime following the shooting death of Chris Luster (Victim). The trial court charged the jury on the law of murder and voluntary manslaughter, but refused to charge the jury on involuntary manslaughter and accident. The jury found Wharton guilty of voluntary manslaughter and weapons possession. The court of appeals held that the trial court erred in giving a voluntary manslaughter charge and i*eversed Wharton’s conviction. State v. Wharton, 366 S.C. 56, 620 S.E.2d 83 (Ct.App.2005).…