State v. Smith

We granted a petition for writ of certiorari to review the court of appeals’ affirmance of Petitioner’s conviction for aiding and abetting homicide by child abuse. State v. Smith, 391 S.C. 353, 705 S.E.2d 491 (Ct.App.2011). Petitioner contends that the court of appeals erred by applying common law principles of accomplice liability to affirm his conviction for a statutory offense for which he was not indicted. We reverse the court of appeals and remand for a new trial.

I

Petitioner was the father of the minor child (Victim) who died as a result of child abuse on February 14, 2004. Victim lived…