The appellant James Allen Sales was convicted of voluntary-manslaughter in the death of his sister’s boyfriend and received a sentence of ten years. We reverse.
The appellant’s sister, Jeanette, lived with her boyfriend, L. C. McDaniel. Jeanette and L. C. had a fight over L. C. buying liquor with grocery money. L. C. was intoxicated and hit Jeanette in the face with an iron poker. He chased her outside with another heavy object.'Several nieces of the appellant ran to his home and begged him to come to his sister’s aid. When he arrived at Jeanette’s home, he found her on the porch, holding her face where L.C. had struck her. She went back inside the house, and she and L.C. began to struggle over the heavy object. The appellant separated them, and L. C/. swung the obj ect at him. The two began to fight. The appellant eventually subdued L. C. by kicking him. L. C. did not survive.
The sole issue on appeal concerns the jury on the law of self-defense. The appellant contends that the judge erred in refusing to charge that a person attacked on his own premises had no duty to retreat. We agree.
The judge properly charged the jury that under the law of self-defense, a person may not only take life in his own defense but also in defense of a relative.
State v. Hays,
121 S. C. 163,
A person attacked on his own premises, without fault, has the right to claim immunity from the law of retreat.
State v. Grantham,
224 S. C. 41,
*115 The State contends that the error is harmless because the appellant used excessive force. We disagree. The jury could have found that self-defense did not apply, solely because of the appellant’s failure to retreat.
On retrial of this case, the judge shall refer to the self-defense charge approved by this Court in
State v. Davis,
The judgment below is, accordingly,
Reversed.