felony-murder rule in South Carolina

2018Appellant cites Gore v. Leeke , 261 S.C. 308 , 316, 199 S.E.2d 755 , 758 (1973) for the proposition that the felony murder rule should not be charged to the jury unless the underlying felony is inherently *198 dangerous.

2018Appellant cites Gore v. Leeke , 261 S.C. 308 , 316, 199 S.E.2d 755 , 758 (1973) for the proposition that the felony murder rule should not be charged to the jury unless the underlying felony is inherently *198 dangerous.

2018Although Appellant's Notice of Appeal references all of his convictions and sentences, his appellate brief seeks reversal of only his attempted murder conviction. 285 S.C. 86 , 92, 328 S.E.2d 339 , 343 (1985) (setting forth an example of a proper jury instruction on the felony murder rule), overruled on other grounds by State v. Belcher , 385 S.C. 597 , 685 S.E.2d 802 (2009) and State v. Torrence , 305 S.C. 45 , 406 S.E.2d 315 (1991). 385 S.C. 597 , 610, 685 S.E.2d 802 , 809 (2009) ("[T]he 'use of a deadly weapon' implied malice instruction has no place in a murder (or assault and battery with

2018Although Appellant's Notice of Appeal references all of his convictions and sentences, his appellate brief seeks reversal of only his attempted murder conviction. 285 S.C. 86 , 92, 328 S.E.2d 339 , 343 (1985) (setting forth an example of a proper jury instruction on the felony murder rule), overruled on other grounds by State v. Belcher , 385 S.C. 597 , 685 S.E.2d 802 (2009) and State v. Torrence , 305 S.C. 45 , 406 S.E.2d 315 (1991). 385 S.C. 597 , 610, 685 S.E.2d 802 , 809 (2009) ("[T]he 'use of a deadly weapon' implied malice instruction has no place in a murder (or assault and battery with

1978At the post-conviction hearing, LoPiano testified that he was given the following explanation of the felony-murder rule: *566 “[H]e used an example to where if me and another person or individual was in the act of committing a crime, and going there to commit that crime armed, then during that crime someone had gotten killed, that by me being there, whether I did it or not, indicates that I was just as guilty as he is, therefore, I am being charged just like he does.” This explanation is consistent with our previous pronouncements of the felony-murder rule, State v. Crowe, 258 S. C. 258, 188 S

1978At the post-conviction hearing, LoPiano testified that he was given the following explanation of the felony-murder rule: *566 “[H]e used an example to where if me and another person or individual was in the act of committing a crime, and going there to commit that crime armed, then during that crime someone had gotten killed, that by me being there, whether I did it or not, indicates that I was just as guilty as he is, therefore, I am being charged just like he does.” This explanation is consistent with our previous pronouncements of the felony-murder rule, State v. Crowe, 258 S. C. 258, 188 S

2018Likewise, on appeal, "this [c]ourt must affirm the [circuit] court's decision to submit the case to the jury" when "the [S]tate has presented 'any direct evidence or any substantial circumstantial evidence reasonably tending **28 to prove the guilt of the accused.' " State v. Hepburn , 406 S.C. 416 , 429, 753 S.E.2d 402 , 409 (2013) (quoting State v. Cherry , 361 S.C. 588 , 593, 606 S.E.2d 475 , 478 (2004) ).

2018Likewise, on appeal, "this [c]ourt must affirm the [circuit] court's decision to submit the case to the jury" when "the [S]tate has presented 'any direct evidence or any substantial circumstantial evidence reasonably tending **28 to prove the guilt of the accused.' " State v. Hepburn , 406 S.C. 416 , 429, 753 S.E.2d 402 , 409 (2013) (quoting State v. Cherry , 361 S.C. 588 , 593, 606 S.E.2d 475 , 478 (2004) ).

2018Likewise, on appeal, "this [c]ourt must affirm the [circuit] court's decision to submit the case to the jury" when "the [S]tate has presented 'any direct evidence or any substantial circumstantial evidence reasonably tending **28 to prove the guilt of the accused.' " State v. Hepburn , 406 S.C. 416 , 429, 753 S.E.2d 402 , 409 (2013) (quoting State v. Cherry , 361 S.C. 588 , 593, 606 S.E.2d 475 , 478 (2004) ).

2018Likewise, on appeal, "this [c]ourt must affirm the [circuit] court's decision to submit the case to the jury" when "the [S]tate has presented 'any direct evidence or any substantial circumstantial evidence reasonably tending **28 to prove the guilt of the accused.' " State v. Hepburn , 406 S.C. 416 , 429, 753 S.E.2d 402 , 409 (2013) (quoting State v. Cherry , 361 S.C. 588 , 593, 606 S.E.2d 475 , 478 (2004) ).

2018Did the circuit court's felony murder rule instruction violate State v. Belcher ? 7 STANDARD OF REVIEW Directed Verdict "[W]hen ruling on a motion for a directed verdict, the [circuit court] is concerned with the existence of evidence, not its weight." State v. Butler , 407 S.C. 376 , 381, 755 S.E.2d 457 , 460 (2014) (quoting State v. Wiggins , 330 S.C. 538 , 545, 500 S.E.2d 489 , 493 (1998) ).

2018Did the circuit court's felony murder rule instruction violate State v. Belcher ? 7 STANDARD OF REVIEW Directed Verdict "[W]hen ruling on a motion for a directed verdict, the [circuit court] is concerned with the existence of evidence, not its weight." State v. Butler , 407 S.C. 376 , 381, 755 S.E.2d 457 , 460 (2014) (quoting State v. Wiggins , 330 S.C. 538 , 545, 500 S.E.2d 489 , 493 (1998) ).

2018The Kinard court noted that our supreme court's opinion in State v. Harris , 340 S.C. 59 , 64, 530 S.E.2d 626 , 628 (2000) found that the definition of 'malice aforethought' in Black's Law Dictionary "does not vary in a meaningful way from a proper jury instruction." 373 S.C. at 504 n.3, 646 S.E.2d at 169 n.3.

2018The Kinard court noted that our supreme court's opinion in State v. Harris , 340 S.C. 59 , 64, 530 S.E.2d 626 , 628 (2000) found that the definition of 'malice aforethought' in Black's Law Dictionary "does not vary in a meaningful way from a proper jury instruction." 373 S.C. at 504 n.3, 646 S.E.2d at 169 n.3.

2018Although Appellant's Notice of Appeal references all of his convictions and sentences, his appellate brief seeks reversal of only his attempted murder conviction. 285 S.C. 86 , 92, 328 S.E.2d 339 , 343 (1985) (setting forth an example of a proper jury instruction on the felony murder rule), overruled on other grounds by State v. Belcher , 385 S.C. 597 , 685 S.E.2d 802 (2009) and State v. Torrence , 305 S.C. 45 , 406 S.E.2d 315 (1991). 385 S.C. 597 , 610, 685 S.E.2d 802 , 809 (2009) ("[T]he 'use of a deadly weapon' implied malice instruction has no place in a murder (or assault and battery with

2018Although Appellant's Notice of Appeal references all of his convictions and sentences, his appellate brief seeks reversal of only his attempted murder conviction. 285 S.C. 86 , 92, 328 S.E.2d 339 , 343 (1985) (setting forth an example of a proper jury instruction on the felony murder rule), overruled on other grounds by State v. Belcher , 385 S.C. 597 , 685 S.E.2d 802 (2009) and State v. Torrence , 305 S.C. 45 , 406 S.E.2d 315 (1991). 385 S.C. 597 , 610, 685 S.E.2d 802 , 809 (2009) ("[T]he 'use of a deadly weapon' implied malice instruction has no place in a murder (or assault and battery with

2018See State v. Middleton , 407 S.C. 312 , 317, 755 S.E.2d 432 , 435 (2014) (holding the circuit court's error in refusing to instruct the jury on a lesser-included offense was "harmless beyond a reasonable doubt"); id. ("When considering whether an error with respect to a jury instruction was harmless, we must 'determine beyond a reasonable doubt that the error complained of did not contribute to the verdict.' " (quoting State v. Kerr , 330 S.C. 132 , 144-45, 498 S.E.2d 212 , 218 (Ct.App.1998) ) ).

2018See State v. Middleton , 407 S.C. 312 , 317, 755 S.E.2d 432 , 435 (2014) (holding the circuit court's error in refusing to instruct the jury on a lesser-included offense was "harmless beyond a reasonable doubt"); id. ("When considering whether an error with respect to a jury instruction was harmless, we must 'determine beyond a reasonable doubt that the error complained of did not contribute to the verdict.' " (quoting State v. Kerr , 330 S.C. 132 , 144-45, 498 S.E.2d 212 , 218 (Ct.App.1998) ) ).

2018The Kinard court noted that our supreme court's opinion in State v. Harris , 340 S.C. 59 , 64, 530 S.E.2d 626 , 628 (2000) found that the definition of 'malice aforethought' in Black's Law Dictionary "does not vary in a meaningful way from a proper jury instruction." 373 S.C. at 504 n.3, 646 S.E.2d at 169 n.3.

2018The Kinard court noted that our supreme court's opinion in State v. Harris , 340 S.C. 59 , 64, 530 S.E.2d 626 , 628 (2000) found that the definition of 'malice aforethought' in Black's Law Dictionary "does not vary in a meaningful way from a proper jury instruction." 373 S.C. at 504 n.3, 646 S.E.2d at 169 n.3.

2018Did the circuit court's felony murder rule instruction violate State v. Belcher ? 7 STANDARD OF REVIEW Directed Verdict "[W]hen ruling on a motion for a directed verdict, the [circuit court] is concerned with the existence of evidence, not its weight." State v. Butler , 407 S.C. 376 , 381, 755 S.E.2d 457 , 460 (2014) (quoting State v. Wiggins , 330 S.C. 538 , 545, 500 S.E.2d 489 , 493 (1998) ).

2018Did the circuit court's felony murder rule instruction violate State v. Belcher ? 7 STANDARD OF REVIEW Directed Verdict "[W]hen ruling on a motion for a directed verdict, the [circuit court] is concerned with the existence of evidence, not its weight." State v. Butler , 407 S.C. 376 , 381, 755 S.E.2d 457 , 460 (2014) (quoting State v. Wiggins , 330 S.C. 538 , 545, 500 S.E.2d 489 , 493 (1998) ).

2004We have recognized that “a finding of premeditation and deliberation indicates 'a more calculated and cold-blooded crime.’ ” State v. Harris, 338 N.C. 129, 161 , 449 S.E.2d 371, 387 (1994) (quoting State v. Lee, 335 N.C. 244, 297 , 439 S.E.2d 547, 575 , cert. denied, 513 U.S. 891 , 130 L.

2004We have recognized that “a finding of premeditation and deliberation indicates 'a more calculated and cold-blooded crime.’ ” State v. Harris, 338 N.C. 129, 161 , 449 S.E.2d 371, 387 (1994) (quoting State v. Lee, 335 N.C. 244, 297 , 439 S.E.2d 547, 575 , cert. denied, 513 U.S. 891 , 130 L.

2004We have recognized that “a finding of premeditation and deliberation indicates 'a more calculated and cold-blooded crime.’ ” State v. Harris, 338 N.C. 129, 161 , 449 S.E.2d 371, 387 (1994) (quoting State v. Lee, 335 N.C. 244, 297 , 439 S.E.2d 547, 575 , cert. denied, 513 U.S. 891 , 130 L.

2004We have recognized that “a finding of premeditation and deliberation indicates 'a more calculated and cold-blooded crime.’ ” State v. Harris, 338 N.C. 129, 161 , 449 S.E.2d 371, 387 (1994) (quoting State v. Lee, 335 N.C. 244, 297 , 439 S.E.2d 547, 575 , cert. denied, 513 U.S. 891 , 130 L.

2004We have recognized that “a finding of premeditation and deliberation indicates 'a more calculated and cold-blooded crime.’ ” State v. Harris, 338 N.C. 129, 161 , 449 S.E.2d 371, 387 (1994) (quoting State v. Lee, 335 N.C. 244, 297 , 439 S.E.2d 547, 575 , cert. denied, 513 U.S. 891 , 130 L.

1985State v. Yates, 280 S. C. 29, 310 S. E. (2d) 805 (1982); State v. Thompson, supra, State v. Judge, 208 S. C. 497, 38 S. E. (2d) 715 (1946).

1985State v. Yates, 280 S. C. 29, 310 S. E. (2d) 805 (1982); State v. Thompson, supra, State v. Judge, 208 S. C. 497, 38 S. E. (2d) 715 (1946).

1973State v. Cannon, supra; State v. Williams, supra. Under the facts of this case we are not called upon to decide whether or not the felony-murder rule should, or should not, be applied as to, every homicide committed in connection with the commission of any and every felony whether or not inherently or foreseeably dangerous.

1973State v. Cannon, supra; State v. Williams, supra. Under the facts of this case we are not called upon to decide whether or not the felony-murder rule should, or should not, be applied as to, every homicide committed in connection with the commission of any and every felony whether or not inherently or foreseeably dangerous.

1973A well reasoned decision adopting the latter view is that of State v. Thompson (1972), 280 N. C. 202 , 185 S. E. (2d) 666 , in which the opinion was written by Chief Justice Bobbitt.

1973A well reasoned decision adopting the latter view is that of State v. Thompson (1972), 280 N. C. 202 , 185 S. E. (2d) 666 , in which the opinion was written by Chief Justice Bobbitt.

1973In support of this contention he cites decisions of the United States Supreme Court such as Tot v. United States, 319 U. S. 463 , 63 S. Ct. 1241 , 87 L.

1973In support of this contention he cites decisions of the United States Supreme Court such as Tot v. United States, 319 U. S. 463 , 63 S. Ct. 1241 , 87 L.

1973State v. Cannon, supra; State v. Williams, supra. Under the facts of this case we are not called upon to decide whether or not the felony-murder rule should, or should not, be applied as to, every homicide committed in connection with the commission of any and every felony whether or not inherently or foreseeably dangerous.

1973State v. Cannon, supra; State v. Williams, supra. Under the facts of this case we are not called upon to decide whether or not the felony-murder rule should, or should not, be applied as to, every homicide committed in connection with the commission of any and every felony whether or not inherently or foreseeably dangerous.