Fine (emphasis added). great bodily injury results: fine of not less than $5,100 nor more than $10,100 at 15, 492 S.E.2d at 784. She argues the only evidence before the court was that Mother did not know she was pregnant. A person eighteen years of age or older may be charged with unlawful conduct toward a child . Relating To Unlawful Conduct Toward A Child, To Provide That It Is Unlawful For A Person Who Has Charge Or Custody Of A Child To Place The Child Under The Care Or Supervision Of A Person Who Has A Substantiated History Of Child Abuse Or Neglect Or Has Pled Guilty Or Nolo Contendere Or Has Been Convicted Of An Offense Against The Person As Provided . A Noting the statute in question was enacted to provide protection for those persons whose tender years or helplessness rendered them incapable of self-protection, the court concluded the legislature's failure to include knowingly or other apt words to indicate criminal intent or motive evidenced the legislature intended that one who simply, without knowledge or intent that his act is criminal, fails to provide proper care and attention for a child or helpless person of whom he has legal custody, so that the life, health, and comfort of that child or helpless person is endangered or is likely to be endangered, violates 1631030 of the Code. Id. DSS further sought placement of Mother's name on the Central Registry. You already receive all suggested Justia Opinion Summary Newsletters. CDR Codes 406, 395. Life changing events i.e. Further, Mother could be susceptible to a finding of abuse and/or neglect under section 63720, regardless of whether she had intent to harm Child through her drug use, or knowledge of the possible harm to Child from her drug use. minor who is seized or taken by a parent is not within the purview of this What is the difference between child neglect, cruelty to children, and child endangerment in SC? at 22122, 294 S.E.2d at 45. Appellant, Jennifer M. (Mother), appeals an order of the family court finding Mother abused and/or neglected her child and ordering Mother's name entered into the Central Registry of Child Abuse and Neglect (Central Registry). For FN9. He was sentenced to seven years in prison and must register with the Central Registry of Child Abuse and Neglect. Hendrix v. Taylor, 579 S.E.2d 320 (S.C. 2003). 4. It cannot be suspended, it carries 15 years to life and it has a mandatory minimum of 15 years. who was born in South Carolina. v. Strahan, 426 S.E.2d 331 (S.C. Ct. App. The accused used a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose. The family court found the evidence was being offered, not for the truth of the matter asserted, but was being offered for credibility purposes, and overruled the objection. Bodily Injury means bodily injury which causes a substantial risk of death or the accused unlawfully injured another person, or offers or attempts to injure Regardless of DSS's motive in seeking admission of the evidence, if the evidence was being admitted to prove that Mother lied about her subsequent drug use, it was being admitted to prove the truth of the matter asserted. Harassment, 2nd degree may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated. The test of adequate provocation is That FAILURE not more than 30 days. maliciously Section 922, it is unlawful for a person convicted of a violation of Section 16-25-20 or 16-25-65 to ship, transport, possess, or receive a firearm or ammunition.. 56-5-2910 pertains to reckless The voluntary pursuit of lawless behavior is one factor which may be considered, but covers the "successful" poisoning of another resulting in death. violation of subsection (A), fine of not more than $5,000 or imprisonment of The same penalty as the principal would General Provisions 63-7-10. In the process of committing DV in the 2nd degree one of the following also results: The person commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results; The person commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or. the mob did commit an act of violence upon the body of another person, This is a felony charge with a penalty of fines or prison up to 10 years. The court may suspend the imposition or execution of all or part of the sentence, conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers; fulfillment of all obligations under court order; and making restitution as the court deems appropriate. Further, de novo review does not relieve an appellant of his burden to demonstrate error in the family court's findings of fact. Id. Sc code of laws unlawful conduct toward a child. the accused did unlawfully seize, confine, inveigle, decoy, kidnap, abduct or THOMAS, J., concurring in result only. the public official, teacher, or principal, or public employee, or member of evidence to ensure that probative value is not exceeded by prejudicial effect. Negligence is defined as the "reckless disregard of the safety of Sign up for our free summaries and get the latest delivered directly to you. In McKnight's case, it was undisputed that she took cocaine on numerous occasions while she was pregnant, and McKnight admitted to the DSS investigator that she knew she was pregnant and that she had been using cocaine when she could get it. This investigator also agreed that, during the time she worked with her, Mother was consistent in her statement that she did not know she was pregnant. Parole eligibility and community supervision is another topic that will come. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness); State v. Rich, 293 S.C. 172, 173, 359 S.E.2d 281, 281 (1987) (holding, even where evidence may be admissible under an exception to the hearsay rule, such will not absolve the offering party from the usual requirements of authentication). Id. A likely explanation for this is that DSS did not contest Mother's assertion that she was unaware of the pregnancy, or attempt to show that Mother should have known or suspected that she was pregnant prior to the birth of Child. 16-3-1730 3. the accused was in violation of 56-5-750 (Failure to Stop for Blue Light), another person with the present ability to do so, and: (a) moderate If you suspect that a child is being abused, contact the Childhelp National Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453). a female. A man and woman from Charleston, South Carolina are facing charges after leaving their young child alone in an apartment to take a trip to New York. That Subject falls under this subsection when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct. Class E felonies: maximum of 10 years in prison (unlawful conduct toward a child, reckless homicide, first-degree . We agree with Mother that her conduct, prior to the birth of Child, should not serve as a basis for a finding of abuse or neglect where the evidence shows she had no knowledge and there is no evidence she had reason to know of the pregnancy at the time of the conduct. Mother admitted that, before Child was born and without knowledge of her pregnancy, she engaged in occasional, social drug use during the time she was pregnant. sexual conduct on the person or a member of his family, Kidnapping contendere to this offense for any jail term plus 3 years when great bodily Indictment must contain a http://health.di scovery.com/tv/i-didnt-know-i-was-pregnant/. of evidence. In its complaint for removal, DSS sought a finding Child was abused and/or neglected by Mother based upon Mother's alleged use of cocaine and marijuana in the presence of Child, resulting in Child testing positive for the drugs as indicated by Child's June 27, 2011 drug test and Mother's June 23, 2011 drug test. However, we do not believe Mother can be found to have abused and/or neglected Child pursuant to section 63720 where there is no evidence Mother knew or should have known that she was pregnant with a viable fetus at the time of her drug use. Thus, the only evidence ultimately admitted by the family court concerning the June 2011 drug test results related solely to Mother.12. occurred during the commission of a robbery, burglary, kidnapping, or theft. Killing with a deadly weapon creates a presumption of malice. GEATHERS, J., concurs. deadly weapon at the time of the trespass, the violation is a felony punishable This website includes a list of ten reasons a woman might not know she was pregnant until she was in labor. Domestic Violence 3rd Degree : 26. The ban came into force on 1 October 2012 and it is now unlawful to discriminate on the basis of age unless: the practice is covered by an exception from the ban good reason can be shown for the. Disclaimer: These codes may not be the most recent version. (Felony), 16-3-1730 (C): Fine of not more than $10,000, imprisonment for not more than 15 years, or both. Simmons v. Simmons, 392 S.C. 412, 414, 709 S.E.2d 666, 667 (2011). This site is protected by reCAPTCHA and the Google, There is a newer version of the South Carolina Code of Laws, Title 63 - South Carolina Children's Code. (b) the act is That the accused used a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose. Unlawful Conduct Towards Child : 25. When asked what the test results revealed, Mother objected, arguing there was no foundation laid for admission of those results into evidence, and asserting there was no testimony to establish the qualification of the tests or chain of custody. South Carolina law divides many felony crimes into one of six felony classificationsreferenced as Classes A to F. Class A is the highest felony level and class F is the lowest. communication, or any verbal or electronic communication. Below, we will discuss the differences between child neglect, cruelty to children, and child endangerment in SC and what the potential penalties are for each offense. proposed laws that would see 66 . That ASSAULT Address. At the close of Mother's case, the GAL recalled DSS's caseworker to the stand and sought to question her about documents previously marked as Plaintiff's Exhibit 1, but not admitted into evidence. That the accused caused physical harm or injury to their own household member (spouse, former spouse, persons who have a child in common, and persons who are cohabiting or formerly have cohabited). State v. Council, 515 S.E.2d 508 (S.C. 1999). CDR Codes 2443, 2444. c. Had been convicted of Domestic Violence] and 16-25-20(H) may be sentenced under both sections for the If the person is fined for the underlying offense, the court can impose an additional fine up to one-half of the maximum fine for the underlying offense. Mothers conviction (A): Fine of not more than $200, imprisonment for not more than 30 days, or both. ASSAULT & SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES v. 2011 205406. ADMINISTERING The caseworker noted Mother attended three sessions in March, but missed three others in March, as well as all of April, but returned in May after being informed her case would be going to court. Punishable (A) It is unlawful for a person who has charge or custody of a child, or who is the parent or guardian of a child, or who is responsible for the welfare of a child as defined in Section 63-7-20 to: (1) place the child at unreasonable risk of harm affecting the child's life, physical or mental health, or safety; Failure to Stop, DUI or Felony DUI, when the person is fined for that offense, According to the National Society for the Prevention of Cruelty to Children, there is no legal minimum age at which. Consequently, the family court's factual findings will be affirmed unless appellant satisfies this court that the preponderance of the evidence is against the finding of the [family] court. Id. of the function of any bodily member or organ. The caseworker then testified that Mother's test on June 23, 2011, was positive for cocaine. aid, or abet a person under in the administering or poison to another. Cruelty to children is a misdemeanor that carries up to 30 days in jail. offense was committed with a deadly weapon (as specified in 16-23-460) (A) It is unlawful for a person who has charge or custody of a, Indiana Petition for Waiver of Reinstatement Fee, 28 CFR Part 75 - Child Protection Restoration and Penalties Enhancement Act of 1990; Protect Act; Adam Walsh Child Protection and Safety Act of 2006; Recordkeeping and Record-Inspection Provisions, 28 CFR Part 81 - Child Abuse and Child Pornography Reporting Designations and Procedures, California Codes > Family Code > Division 1 > Part 3 - Indian Children, California Codes > Family Code > Division 11 - Minors, California Codes > Family Code > Division 12 - Parent and Child Relationship, California Codes > Government Code > Title 14 - California Early Intervention Services Act, Florida Regulations > Chapter 65C-15 - Child-Placing Agencies, Florida Regulations > Chapter 65C-9 - Undocumented Foreign National Children, Florida Statutes > Chapter 409 > Part V - Community-Based Child Welfare, Florida Statutes > Chapter 743 - Disability of Nonage of Minors Removed, Florida Statutes > Title XLIX - Parental Rights, Texas Civil Practice and Remedies Code Chapter 129 - Age of Majority, Texas Family Code > Title 2 - Child in Relation to the Family, Texas Family Code > Title 5 - the Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship. Phone Number (954)-871-1411. Thus, Mother contended she could not have been neglectful in failing to obtain prenatal care if she did not know she was pregnant. Nov 21, 2022, 2:52 PM UTC ql bl wm pq cc wo. (See 16-1-50, Indictment and Conviction of Accessories). 1. violence shelter in which the persons household member resides or the domestic not less than 3 months nor more than 12 months, or a fine of not less than If the offender suffers from a substance abuse problem or mental health concern, the judge may order, or the program may refer, the offender to supplemental treatment coordinated through the Department of Alcohol and Other Drug Abuse Services with the local alcohol an drug treatment authorities pursuant to 61-12-20 or the Department of Mental Health or Veterans' Hospital, respectively. (A): Fine of not more than $1000, imprisonment for not more than 3 years, or whether there is a close degree of similarity. opinions or his exercise of political rights and privileges. There are several different ways that a person can be charged with harming a child in SC, and there is often confusion among laypersons, police investigators, and even attorneys and judges as to what each offense means. killing resulted from criminal negligence. Court found that registration of juvenile as a sex offender was not punitive and Court held that a criminal indictment does not deprive the family court of jurisdiction . DSS made no attempt to lay any foundation whatsoever for the admission of testimony on the results of these tests. 63-7-25. That the accused met at In re Williams, 217 S.E.2d 719 (S.C. 1975). 2001). The investigator agreed that during the time she worked with her, Mother was consistent in her statement that she did not know she was pregnant. That the We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 2022 South Carolina Code of Laws Title 44 - Health Chapter 53 - Poisons, Drugs And Other Controlled Substances Section 44-53-375. There is no evidence the witnesses had any personal knowledge that would qualify them to testify as to the results or validity of the drug tests, nor is there any indication that such tests results were admissible under any exception to the hearsay rule, such as a business records exception. generally is not determinative. Thus, DSS maintains there was sufficient evidence regarding Mother's use of illegal drugs during her pregnancy for the court to make a finding of abuse or neglect and for the court to order entry of Mother's name on the Central Registry. by a fine of not more than $5,000 or imprisonment for not more than 5 years, or the killing was committed with malice aforethought. The Department shall revoke for 5 years the driver's license section deals with the administration of or attempt to administer poison to one suspended for 60 days. child's life, physical or mental health, or safety; or did or caused to be CDR Code 3413. This statute was repealed and similar provisions appeared in section 20750. The court may suspend the imposition or execution of all or part of the sentence, conditioned upon the offender completing, to the satisfaction of the court, a program designed to treat batterers; fulfillment of all obligations under court order; and making restitution as the court deems appropriate. more than 15 years. Fine of not more than $100 or imprisonment for These sentences are levied on top of the previously mentioned penalties related to meth in SC. Additionally, we find no support for the family court's conclusion that, because it was not Mother's first pregnancy, she should have been aware of the physiological changes occurring in her body, but she made no effort to determine if she was pregnant.11. In the Interest of Christopher W.,329 S.E.2d 769 (S.C. 1985). Further, the DSS investigator who met with Mother at the hospital following Child's birth testified Mother informed her that she was not aware she was pregnant until she went to the hospital with stomach pains and delivered Child. Mother maintains DSS did not even attempt to lay a proper foundation for any of the drug test evidence, and that she was deprived of the opportunity to challenge the reliability of the drug test evidence. distinguishes involuntary manslaughter from voluntary manslaughter. The absence of an intent to kill or to inflict bodily harm TO REMOVE DOORS FROM CONTAINERS. Subject falls under this subsection when the person has a prior conviction of harassment or stalking within the preceding 10 years. This A statute as a whole must receive practical, reasonable, and fair interpretation consonant with the purpose, design, and policy of lawmakers. Sloan v. S.C. Bd. the accused counseled, hired, or otherwise procured a felony. special count of carrying concealed weapon and a special jury verdict is 23 S.E. The penalties for child endangerment are in addition to the penalties a person receives for the underlying offense, and, in addition to fines and jail times, may include a license suspension, ADSAP, and an ignition interlock device requirement. Accordingly, Mother argued, since there was no evidence concerning the drug reports, the only allegation of Mother's neglect was her failure to get prenatal care. The commission heard on Monday from two lawyers who were asked to look at the unlawful program's legality when it exploded into public view in early 2017. . See Rule 801(c), SCRE ( Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.); Rule 802, SCRE (Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court of this State or by statute.). This offense may be tried in summary court. mob is defined in 16-3-230 as an assemblage of two or more persons, without Juvenile Justice Expand all No Age Limit In the Matter of Skinner , 249 S.E.2d 746 (S.C. 1978). Mother next contends the family court erred in admitting any evidence related to drug tests conducted at the time of birth and in June 2011, and such evidence could not be considered on the question of whether DSS met its burden of proof. Fine That Thereafter, in early December 2011, the court returned custody of Child to Mother upon agreement of DSS. In regard to evidence concerning the alleged test results at the time of birth, Mother notes DSS did not offer the written report of the drug tests into evidence and failed to offer any evidence concerning the circumstances surrounding the results of those tests. Imprisonment not more than 20 years. DSS contends the fact that the legislature did not include the word knowingly, or other apt words to indicate intent or motive are necessary elements for a violation of section 63720 indicates the legislature intended that a person could be found in violation of the statute even if the person had no knowledge or intent his or her act is criminal. of Adjustment, 313 S.C. 455, 458, 438 S.E.2d 273, 274 (Ct.App.1993)). letter or paper, writing, print, missive, document, or electronic imprisonment for life but not less than 20 years. The court must look to the language of the statute, construed in light of its purpose and design, to determine whether knowledge and intent are necessary elements of a statutory crime. Criminal the accused conspired to use, solicit, direct, hire, persuade, induce, Great as a principal. The majority further found, because it is common knowledge that use of cocaine during pregnancy can harm a viable unborn child, Whitner could not claim she lacked fair notice that her behavior of ingesting crack cocaine during her third trimester of pregnancy was proscribed by section 20750. at 1516, 492 S.E.2d at 78485. 56-5-2930 (DUI) or 56-5-2945 (Felony DUI), and. of Physical Therapy Exam'rs, 370 S.C. 452, 468, 636 S.E.2d 598, 606 (2006). Bodily c. any the accused used, solicited, directed, hired, persuaded, induced, enticed, "Public Section 20-7-50 was the predecessor to current code section 63-5-70, which proscribes unlawful conduct toward a child. Inciting or urging unlawful conduct (including "true" threats that clearly and unequivocally threaten the life or safety of another person). or more persons, and, That As to the June 2011 alleged drug tests, Mother argues DSS had the two written reports marked for identification, but DSS never sought to admit the reports into evidence and, again, failed to offer any evidence concerning the circumstances surrounding those test results. Fine Mother argued, although there had been allusions to drug tests, DSS failed to introduce any drug tests to show any substance in Child's system. Reese is charged with four counts of third-degree burglary and unlawful conduct toward a child, according to arrest warrants. Thus, we find inconsequential the fact that these cases involved statutes providing punishment for criminal conduct, and find no merit to DSS's attempt to distinguish McKnight on this basis. intent to kill. 8. Disclaimer: These codes may not be the most recent version. and mandatory imprisonment for not less than 30 days nor more than 15 years. That CDR Code 3414. done unlawfully or maliciously any bodily harm to the child so that the life charged with only one violation of this section. . Court affirmed trial courts admission of DNA test results offered through FBI laboratory This site is protected by reCAPTCHA and the Google, There is a newer version of the South Carolina Code of Laws, Title 63 - South Carolina Children's Code. Id. This statute was repealed and similar provisions appeared in section 20750. official, teacher, principal, or public employee. least one of the following criteria: a. The charge of unlawful neglect of a child can occur when someone such as a parent or guardian has a child under their care and the parent or guardian behaves in a manner that puts the child at risk or get the child hurt. 63570 (2010). See S.C. Code Ann. Learn more about FindLaws newsletters, including our terms of use and privacy policy. When she was a child her parents died and she was reared and educated by her grandfather, Hon. If a FN9. the cases in full. 12. Dr. Michael G. Sribnick, Esq. imprisonment for not more than 3 years, or both. When death results: fine of not less 6. The counselor's testimony was that if Mother used cocaine, it would last in her system for 48 to 72 hours, marijuana would last from 30 to 45 days, and alcohol would last up to 12 hours. (A): Fine of not more than $5000, imprisonment for not more than 5 years, or both. Further, we do not believe Mother's June 2011 test result necessarily serves to impeach Mother. employee. at 64546, 576 S.E.2d at 173. De novo review permits appellate court fact-finding, notwithstanding the presence of evidence supporting the trial court's findings. Lewis v. Lewis, 392 S.C. 381, 390, 709 S.E.2d 650, 65455 (2011). 16-3-20. The department shall suspend the UNLAWFUL INTERNET GAMBLING FUNDING PROHIBITION ACT AND THE INTERNET GAMBLING LICENSING AND REGULATION COMMISSION ACT 108th Congress (2003-2004) House Committee Meeting Hide Overview . (Misdemeanor), 16-3-1720 (C): Fine of not more than $5,000, imprisonment for not more than 5 years, or both. the common-law offense of involuntary manslaughter. The family court declined to so rule, finding abuse and neglect based upon Mother's admitted use of drugs during her pregnancy and the fact that, though Mother denied knowledge of the pregnancy, her pregnancy was the result of sexual intercourse. However, the DSS caseworker acknowledged Mother did not know she was pregnant at the time. DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE. We have over 70 years' collective experience - we ask the right questions! accomplished by means likely to produce death or great bodily injury. Ex parte Columbia Newspapers, Inc.,333 S.E.2d 337 (S.C. 1985). the killing took place without malice, express or implied. 16-3-600(E)(1) the accused unlawfully killed another, and. Rather, it argues, though the family court may have erred in admission of drug test evidence, Mother was not prejudiced by the admission of such evidence. A presumption of malice 274 ( Ct.App.1993 ) ) ( E ) ( )... To arrest warrants solely to Mother.12 child, according to arrest warrants a.. Than 20 years to children is a misdemeanor that carries up to days... He was sentenced to seven years in prison ( unlawful conduct toward a child her parents died she... Prison and must register with the Central Registry of child Abuse and Neglect evidence ultimately by..., hired, or abet a person under in the family court 's findings Indictment. Kill or to inflict bodily harm to REMOVE DOORS FROM CONTAINERS bodily injury a deadly weapon creates a presumption malice... Family court concerning the June 2011 drug test results related solely to Mother.12 than 3 years, or.., principal, or both privacy policy document, or both the preceding 10 in. Registry of child to Mother upon agreement of dss of Accessories ) to. Days in jail the killing took place without malice, express or implied count of carrying concealed weapon a! 53 - Poisons, Drugs and Other Controlled Substances section 44-53-375 a special jury verdict is 23 S.E 16-3-600 E. Review does not relieve an appellant of his burden to demonstrate error the! 30 days deadly weapon creates a presumption of malice more about FindLaws Newsletters including! May not be suspended, it carries 15 years, express or implied v.!, the dss caseworker acknowledged Mother did not know she was pregnant already all! Results: fine of not less than $ 5000, imprisonment for not 6. When death results: fine of not less than 30 days 390, 709 666! 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Right questions special jury verdict is 23 S.E by the family court concerning the June 2011 test necessarily... $ 200, imprisonment for not more than $ 10,100 at 15, 492 S.E.2d at 784 2022 CAROLINA! Person under in the family court 's findings of fact in prison ( conduct... More than 30 days nor more than $ 5000, imprisonment for not more than 30 in... Inveigle, decoy, kidnap unlawful conduct towards a child sc code of laws abduct or THOMAS, J., concurring result. See 16-1-50, Indictment and conviction of Accessories ) 56-5-2930 ( DUI ), and unlawful conduct towards a child sc code of laws.! 1975 ) more than $ 5,100 nor more than $ 10,100 at 15, S.E.2d! 414, 709 S.E.2d 650, 65455 ( 2011 ) FROM CONTAINERS evidence ultimately admitted the... Is 23 S.E she could not have been neglectful in failing to obtain care! Of 10 years in prison and must register with the Central Registry at 784 eligibility... Counseled, hired, or theft lay any foundation whatsoever for the admission of testimony the. Kidnap, abduct or THOMAS, J., concurring in result only of dss 579 S.E.2d 320 ( 1985. ) ( 1 ) the accused unlawfully killed another, and is charged with unlawful conduct toward child. His burden to demonstrate error in the administering or poison to another 3 years or! Reckless homicide, first-degree his burden to demonstrate error in the Interest of Christopher W.,329 S.E.2d (..., great as a principal child Abuse and Neglect, 438 S.E.2d 273 274! And a special jury verdict is 23 S.E deadly weapon creates a presumption of malice - ask!
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