Monday, October 12, 2009 at 12:47 p.m.
Read more: State, SOUTH CAROLINA SUPREME COURT, Precedent, Weapons, Self Defense, CASES, Murder Conviction, Johnny Rufus Belcher, Fred Suber, Voluntary Manslaughter, Self Defense.
(AP) -- The South Carolina Supreme Court has ordered a new trial for a 42-year-old man convicted of killing his cousin.
The decision sets a precedent for cases involving weapons and self-defense arguments. The court overturned the 2006 murder conviction of Johnny Rufus Belcher in the Memorial Day 2004 shooting death of Fred Suber. The jury could have chosen murder, voluntary manslaughter or self-defense.
The high court said the jury was inappropriately told to infer the death involved malice because a gun was used.
Defense attorney Rauch (Rock) Wise argued it's an unfair assumption when both people are armed. The high court agreed, saying the statement should no longer be used when the defense gives evidence that would reduce or excuse the killing.
The decision reverses a century-old precedent.
(Copyright ©2009 by The Associated Press. All Rights Reserved.)
