State v. Brown

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.

Kenneth Wayne Brown, Appellant.

Appeal From Horry County

 Benjamin H. Culbertson, Circuit Court
Judge

Unpublished Opinion No. 2011-UP-553

Submitted November 1, 2011 – Filed
December 9, 2011   

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[1] 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).

AFFIRMED.

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

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