Opinion
2012-UP-113
02-29-2012
The State, Respondent, v. Adrian Eaglin, Appellant.
Appellate Defender Tristan M. Shaffer, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.
UNPUBLISHED OPINION
Submitted February 1, 2012
Appeal From Lexington County R. Knox McMahon, Circuit Court Judge
Appellate Defender Tristan M. Shaffer, of Columbia, for Appellant.
Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.
PER CURIAM
Adrian Eaglin appeals his conviction for murder, arguing the jury charge unconstitutionally relieved the State of its burden of proving malice. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Barber v. State, 393 S.C. 232, 236, 712 S.E.2d 436, 438 (2011) ("In reviewing jury charges for error, we must consider the [trial] court's jury charge as a whole in light of the evidence and issues presented at trial."); State v. Commander, Op. No. 27062 (S.C. S.Ct. filed Oct. 31, 2011) (Shearouse Adv. Sh. No. 38 at 43, 59) ("An appellate court will not reverse the trial [court's] decision regarding a jury charge absent an abuse of discretion." (internal quotation marks omitted)); State v. Bell, 305 S.C. 11, 19, 406 S.E.2d 165, 170 (1991) (explaining malice defined as "the doing of a wrongful act intentionally and without just cause or excuse" is the correct statement of law and devoid of any presumption (internal quotation marks omitted)).
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
PIEPER, KONDUROS, and GEATHERS, JJ., concur.