Theodore Griffin v. George N. Martin, Iii, Warden Attorney General of the State of S. C.

I strongly disagree with the majority’s ■ conclusion that the trial court’s jury instructions violated the Constitution. Furthermore, even if the jury instructions were flawed, I believe the facts of this case clearly mandate a holding that any error committed was harmless. For these reasons, I must dissent.

I

The testimony at trial fairly depicts the defendant as a cold-blooded killer rather than a man who was “embroiled in an unfortunate affair of the heart,” to quote the delicate phraseology of Judge Murnaghan. Two state witnesses testified that they saw the petitioner shoot Lawrence Wilson…