State v. Campbell

Appellant was convicted of murder and sentenced to life imprisonment. We affirm.

At trial the State presented evidence that appellant killed Pat Swayngham by dousing him with gasoline and then setting him oh fire. In his jury instructions, the trial judge charged that malice may be implied from the use of a deadly substance or material. Appellant argues this charge was erroneous because there is no precedent for a charge on implied malice from the use of a deadly substance.

The implication of malice may arise from the use of a deadly weapon. State v. Elmore, 279 S. C. 417, 308 S. E. (2d) 781…