Case Overview

The State, Petitioner/Respondent, v. Danny Orlando Wharton, Respondent/Petitioner

Danny Orlando Wharton was charged with murder and possession of a weapon during the commission of a violent crime. He was convicted of the lesser included offense of voluntary manslaughter and possession of a weapon. He was sentenced to fifteen years’ imprisonment for manslaughter and five years’ imprisonment, concurrent, for possession of a weapon.

The South Carolina Court of Appeals reversed Wharton’s convictions, finding the trial judge should not have given a jury instruction on voluntary manslaughter. Having reversed Wharton’s convictions, the Court of Appeals did not address Wharton’s argument that the trial judge should have given jury instructions on involuntary manslaughter and accident.

Both Wharton and the State filed a petition for a writ of certiorari asking the South Carolina Supreme Court to review the Court of Appeals’ decision. The Court granted the requests to review whether Wharton was entitled to jury instructions on voluntary manslaughter, involuntary manslaughter and accident, including whether the doctrine of transferred intent applies to the offense of voluntary manslaughter.

The South Carolina Supreme Court heard oral arguments in the case at 10:30 a.m. on Wednesday, December 3, 2008.

Case Briefs

Oral Arguments

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