State v. Smith, 391 S.C. 408

Robert Finley was killed during a confrontation over a drug debt owed to Smith following a failed drug deal.
Smith, armed with a gun, entered the trailer where the parties argued over drugs and payment; a struggle occurred near the entrance and a shot was fired.
Angie Smith testified Smith was inside the trailer for about two minutes before the shooting; Victim was unarmed during the confrontation.
Smith testified Victim approached with a serious demeanor and threatened to take drugs; Smith claimed self-defense and fired during the struggle.
The trial court charged the jury on murder and self-defense but refused voluntary manslaughter, involuntary manslaughter, and accident; the jury convicted Smith of murder and a related firearm offense.
On appeal, the court of appeals reversed the convictions, holding Smith was entitled to a voluntary manslaughter charge; this Court granted certiorari and reinstated the convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether voluntary manslaughter should have been charged	State contends evidence warranted vol. manslaughter instruction.	Smith argues there was heat of passion and legal provocation.	Not entitled; no evidence of heat of passion.
Whether involuntary manslaughter is available as a defense	State argues evidence could support lawful self-defense under involuntary manslaughter prong two.	Smith claims he acted lawfully in self-defense with a loaded gun.	Not entitled; no lawful use shown and fault in bringing on the difficulty.
Whether accident should be charged	State argues accident lack of due care not shown due to unlawful act.	Smith contends accident defense could apply if due care in handling weapon shown.	Not entitled; Smith acted unlawfully.

State v. Lee, 298 S.C. 362 (1989) (instruction required if any evidence supports it)
State v. Shuler, 344 S.C. 604 (2001) (trial court must give requested charge if supported by evidence)
State v. Pittman, 373 S.C. 527 (2007) (definition and provocation requirements for voluntary manslaughter)
State v. Norris, 253 S.C. 31 (1969) (surrounding circumstances considered for heat of passion)
State v. Gardner, 219 S.C. 97 (1951) (provocation and passion context in manslaughter analysis)
State v. Cabrera-Pena, 361 S.C. 372 (2004) (definition of involuntary manslaughter: unlawful activity vs. lawful activity with recklessness)
State v. Burriss, 334 S.C. 256 (1999) (accident defense requires due care in handling weapon)
Crosby v. State, 355 S.C. 47 (2003) (due care in handling weapon for accident defense)