February 19, 2014 South Carolina Court of Appeals published opinion

State v Scott

Scott requested a jury instruction on involuntary manslaughter at his murder trial. The circuit court refused to give the charge and Scott was convicted of murder. The panel, 2-1, affirmed. It held that the evidence Scott argued supported the instruction, that he thought the victim was coming at him with a knife, actually allowed Scott to use more force than if the victim was unarmed. Thus, he did not exceed the force authorized by law, could thus not be reckless in using that amount of force and the circuit court properly refused to give the involuntary manslaughter instruction. The dissent argued the evidence supported the involuntary manslaughter charge and would have reversed.

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