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State v. Brown

THE STATE OF SOUTH CAROLINA In The Court of Appeals
Dec 9, 2011
Unpublished Opinion No. 2011-UP-553 (S.C. Ct. App. Dec. 9, 2011)

Opinion

Unpublished Opinion No. 2011-UP-553

12-09-2011

The State, Respondent, v. Kenneth Wayne Brown, Appellant.

Bobby G. Frederick and Laura L. Hiller, of Myrtle Beach, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondents.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Appeal From Horry County

Benjamin H. Culbertson, Circuit Court Judge


AFFIRMED

Bobby G. Frederick and Laura L. Hiller, of Myrtle Beach, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondents.

PER CURIAM : Kenneth Wayne Brown appeals his conviction for assault and battery with intent to kill, arguing the circuit court erred in denying his motion for a directed verdict because the State failed to present evidence to rebut Brown's insanity. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Kennerly, 331 S.C. 442, 455, 503 S.E.2d 214, 221 (Ct. App. 1998) ("[I]ssues not raised to the trial court in support of the directed verdict motion are not preserved for appellate review."), aff'd, 337 S.C. 617, 524 S.E.2d 837 (1999); In re McCracken, 346 S.C. 87, 92, 551 S.E.2d 235, 238 (2001) (holding that more than a general directed verdict motion is required to preserve a directed verdict ruling).

We decide this case without oral argument pursuant to Rule 215, SCACR.

AFFIRMED.

HUFF, PIEPER, and LOCKEMY, JJ., concur.


Summaries of

State v. Brown

THE STATE OF SOUTH CAROLINA In The Court of Appeals
Dec 9, 2011
Unpublished Opinion No. 2011-UP-553 (S.C. Ct. App. Dec. 9, 2011)
Case details for

State v. Brown

Case Details

Full title:The State, Respondent, v. Kenneth Wayne Brown, Appellant.

Court:THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Dec 9, 2011

Citations

Unpublished Opinion No. 2011-UP-553 (S.C. Ct. App. Dec. 9, 2011)