State v. Moultrie

Littlejohn, Justice:

Joseph Clemmie Moultrie was indicted for the murder of Deputy Stephen Anthony Breland and convicted by a jury. He has appealed the trial judge’s refusal to quash the grand jury and his refusal to charge self-defense or defense of habitation. Finding no error in the judge’s rulings, we affirm.

I. Self-defense and defense of habitation.

The trial judge ruled that the evidence did not warrant a charge on self-defense or defense of habitation. That ruling was correct. An instruction should not be given unless justified by the evidence. State v. Weaver, 265 S. C. 130, 217 S. E.…