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Old November 23, 2008, 10:17 AM   #6
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
From KELTYKE:
Quote:
There is no preclusion in SC. There is no duty to warn and no duty to retreat.
See this from the law:
Quote:
STATE OF SOUTH CAROLINA
STATE LAW ENFORCEMENT DIVISION (SLED)
USE OF FIREARMS OR OTHER WEAPONS

Use of Deadly Force

State v. Fuller, 297 S.C. 440, 377 S.E.2d 328 (1989) sets forth the elements of self-defense in South Carolina. These are:

you must be without fault in bringing on the difficulty;

you must actually believe you are in imminent danger of loss of life or serious bodily injury or actually be in such danger;

if you believe you are in such danger, you must use deadly force only if a reasonable or prudent man of ordinary firmness and courage would have believed himself to be in such danger, or, if you actually were in such danger, the circumstances were such as would warrant a man of ordinary prudence, firmness and courage to strike the fatal blow in order to save yourself from serious bodily harm or losing your own life;

you had no other probable means of avoiding the danger of losing your own life or sustaining serious bodily injury than to act as you did in the particular instance.




Duty to Retreat



As a general matter, before using deadly force, even in self-defense, you have a duty to retreat in the following circumstances:

on a public street or highway, even when in own automobile. State v. McGee, 185 S.C. 184, 190, 193 S.E. 303, 306 (1937).

in a store where the public is invited. State v. Peeples, 126 S.C. 422, 120 S.E. 361 (1923).



As a general matter, before using deadly force, even for self-defense, there are situations in which you have no duty to retreat. These include:
in addition to in your home, there is no duty to retreat within your home’s curtilage. State v. Jackson, supra, or beyond the curtilage. State v. Quick, 138 S.C. 147, 135 S.E. 800 (1926).

in your place of business, even if the aggressor also has a right to be there. State v. Kennedy, 143 S.C. 318, 141 S.E. 559 (1928).

if a guest in home of another unless required to leave by the householder. State v. Osborne, 202 S.C. 463, 25 S.E.2d 492 (1942).

where attacked in your “club room”. [“A man is no more bound to allow himself to be run out of his rest room than his workshop.”]

where both parties own the premises, neither has the duty to retreat where the other is the aggressor. State v. Gibbs, 113 S.C. 256, 102 S.E. 333.

Where both live in the same home, neither has the duty to retreat if the other is the aggressor. State v. Grantham, 224 S.C. 41, 77 S.E.2d 291 (1953).

Where both are guests in the same home, neither has the duty to retreat if the other is the aggressor. State v. Smith, 226 S.C. 418, 85 S.E.2d 409 (1955).

Where both are fellow workers on same job site, neither has the duty to retreat if the other is the aggressor. State v. Gordon, 128 S.C. 422, 122 S.E. 501 (1924).

you need not retreat “if to do so would apparently increase [your] danger.” State v. McGee, 185 S.C. 184, 190, 193 S.E. 303, 306 (1937).

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