State v. Golston
Court of Appeals of South Carolina
1Opinion of the CourtFew, C.J.
Bennie Golston appeals his conviction for criminal domestic violence of a high and aggravated nature (CDVHAN). His primary contention on appeal is that the trial court erred in declining to charge the jury on criminal domestic violence (CDV) as a lesser-included offense. We affirm.
I. Facts and Procedural History
Golston and the victim lived together “off and on” for approximately five years. On the morning of March 22, 2008, a neighbor found the victim lying on a mattress in her house. Her breathing was shallow and her face was so swollen that she could not open her eyes. The neighbor called…
2Cases cited10 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- Maryland v. BuieSupreme Court of the United States · 1990
- United States v. GreenCourt of Appeals for the Fourth Circuit · 2010
- State v. DraytonSupreme Court of South Carolina · 1987
- State v. BixbySupreme Court of South Carolina · 2010
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