§ 6-9 Self-defense - Prior Difficulties

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 6-9 Self-Defense - Prior Difficulties

In this case, there was evidence of prior difficulties between the parties. You may consider these prior difficulties in assessing the reasonableness of defendant's action. These prior difficulties are relevant in showing defendant's state of mind on this particular occasion. Evidence of prior difficulties may be considered by you as showing the animus or attitude of the parties to each other, to assist you in determining who was the aggressor. However, this evidence may be considered by you for that purpose only.

State v. Brown, 344 S.C. 70, 543 S.E.2d 552 (2001) (noting that evidence of a previous difficulty between the accused and the decedent is admissible to show the animus of the parties and who was the probable aggressor); State v. Braxton, 343 S.C. 629, 541 S.E.2d 833 (2001) (declaring that in homicide cases, evidence of previous quarrels and ill feelings or hostile acts between parties is admissible to show that animus probably existed between the parties at the time of the homicide); State v. Cooley, 342 S.C. 63, 69, 536 S.E.2d 666, 669 (2000) ("Here,

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