State v. Linder

Harwell, Justice:

Michael Linder was found guilty of grand larceny and of the murder of Patrolman Willie Peeples of the South Carolina Highway Patrol in the first phase of a bifurcated capital trial. He was sentenced to death upon recommendation of the trial jury at the end of the second phase. This case consolidates Linder’s direct appeal and our mandatory review of the death sentence. We reverse the convictions, vacate the death penalty and remand for a new trial.

Appellant Linder first contends that the trial judge erred in refusing his request to charge voluntary manslaughter at the guilt…