Legal Opinion · Concurrence

State v. Miller

Court of Appeals of South Carolina

Decided April 25, 2012No. 4965Published

1ConcurrencePieper, J.

I concur with the majority but also write separately because I believe the involuntary manslaughter charge was warranted by the evidence presented at trial. “If there is any evidence warranting a charge on involuntary manslaughter, then the charge must be given.” State v. Wharton, 381 S.C. 209, 216, *640672 S.E.2d 786, 789 (2009) (citation omitted). “Involuntary manslaughter is defined as: (1) the unintentional killing of another without malice, but while engaged in an unlawful activity not naturally tending to cause death or great bodily harm; or (2) the unintentional killing of another…

2Cases cited4 opinions

  1. State v. BelcherSupreme Court of South Carolina · 2009
  2. State v. WhartonSupreme Court of South Carolina · 2009
  3. In Re Spencer R.Court of Appeals of South Carolina · 2010
  4. State v. RiveraSupreme Court of South Carolina · 2010

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