discussed Cited "see" State v. Andrews (2×) See State v. Hudgins, 319 S.C. 233 , 460 S.E.2d 388 (1995) (an issue not raised to the trial court is procedurally barred on appeal), cert. denied, —U.S.—, 116 S.Ct. 821 , 133 L.Ed.2d 764 (1996). [1] Second, even if the error had been preserved as the majority holds, I would nevertheless hold the charge, when considered in its entirety, did not impermissibly shift the burden of proof from the State to Andrews.

discussed Cited "see" United States v. David Lanzotti, Connie L. Hughes, Kenneth W. Smith, Mary Freeman, and Allstar Music, Inc. See Parker v. Norris, 64 F.3d 1178, 1180-82 (8th Cir.1995) (allowing retrial under premeditated murder provision after government charged and convicted defendant under felony murder provision that did not apply to the defendant’s acts), cert. denied, — U.S. -, 116 S.Ct. 820 , 133 L.Ed.2d 764 (1996); United States v. Todd, 964 F.2d 925, 929-930 (9th Cir.1992) (allowing retrial on related offense of sexual contact where government charged and convicted defendant under sexual intercourse statute that did not apply to defendant’s acts); United States v. Miller, 952 F.2d 866, 870-74 (5th Cir.…

cited Cited "see, e.g." Pruett v. Norris See also Parker v. Norris, 64 F.3d 1178, 1182-1185 (8th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 820 , 133 L.Ed.2d 764 (1996).