State v. Rush

THIS OPINION HAS NO
PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY
PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State, Respondent,

v.

David Lewis
Rush, Appellant.

Appeal From Horry County

 Paula H. Thomas, Circuit Court Judge

Unpublished Opinion No. 2007-UP-506

Submitted October 1, 2007 – Filed October 30, 2007   

AFFIRMED

Appellate Defender Eleanor Duffy Cleary, of Columbia, for
Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant
Attorney General Shawn L. Reeves, all of Columbia; and Solicitor John Gregory
Hembree, of Conway, for Respondent.

PER CURIAM:  David
Lewis Rush appeals his conviction for assault and battery with intent to kill[1] arguing the trial court erred in failing
to instruct the jury regarding self-defense.[2] 
We affirm pursuant to Rule 220(c), SCACR, and the following authority: Jackson
v. State, 355 S.C. 568, 570-71, 586 S.E.2d 562, 563 (2003) (holding a
defendant is not entitled to a self-defense charge where the defendant is not
without fault in bringing on the difficulty).

AFFIRMED.

STILWELL, SHORT, and WILLIAMS JJ., concur.

[1] Rush does not appeal his conviction for
assault and battery of a high and aggravated nature.

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