State v. Jones

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.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

Donald Scott
Jones, Appellant.

Appeal From Cherokee County

J. Mark Hayes, II, Circuit Court Judge

Unpublished Opinion No. 2011-UP-287  

Submitted June 1, 2011 – Filed June 13,
2011

AFFIRMED

Appellate Defender Robert M. Pachak, of
Columbia, for Appellant.

Attorney General Alan M. Wilson, Chief
Deputy Attorney General John W. McIntosh, Assistant Attorney General Salley W.
Elliot, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of
Columbia; and Solicitor Barry Barnette, of Spartanburg, for Respondent.

PER CURIAM: Donald Scott Jones appeals his conviction of assault
and battery with intent to kill.  He argues the trial court erred in denying
his motion for a jury charge regarding the defense of others because the record
contained evidence he feared the victim of his assault was attacking a friend. 
We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  Douglas
v. State, 332 S.C. 67, 73, 504 S.E.2d 307, 310 (1998) ("The law to be
charged is determined from the evidence presented at trial.") (citation
omitted); State v. Starnes, 340 S.C. 312, 322-23, 531 S.E.2d 907, 913
(2000) (stating that to be entitled to a charge on the defense of others, the
record must contain evidence (1) "the defendant was indeed lawfully
defending" a "friend, relative, or bystander" and (2) "that
friend, relative, or bystander would likewise have the right to take the life
of the assailant in self-defense") (citations and internal quotation
marks omitted) (emphasis added).

AFFIRMED.

HUFF,
WILLIAMS, and THOMAS, JJ., concur.

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