Keeler v. Mauney
330 S.C. 568, 500 S.E.2D 123, 1998.SC.42161
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- 4,00 kr
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- 4,00 kr
Publisher Description
James Morgan Keeler was convicted of murder in 1981 and sentenced to life imprisonment. He petitioned the circuit court for a writ of habeas corpus. The circuit court granted Keeler habeas corpus relief on the ground that the trial Judges jury charge unconstitutionally shifted the burden of proof to the defendant by instructing the jury that the law implies malice from the use of a deadly weapon. The State appeals. We reverse and remand.