SC Law Blog

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Sunday, June 24, 2012

Myrtle Beach Man facing Attempted Murder Charges

A local man of Myrtle Beach is facing attempted murder charges for the stabbing of his girlfriend. WMBF News reports that the girlfriend’s daughter made the 911 call to the police this past Tuesday, June 19, 2012. The stabbing occurred in Myrtle Beach and the suspect fled to Conway where he was eventually arrested. The link to the news article is provided below.

South Carolina refers to attempted murder as assault and battery with intent to kill, (ABWIK). The elements of ABWIK are as follows: an unlawful attempt to commit a violent injury to the person of another with malicious intent accompanied by a present ability to complete the act. The proof required for ABWIK does not require the specific intent to kill the victim but rather the general intent to commit great bodily harm is sufficient. The general intent requirement may also be accomplished by extremely reckless indifference to the value of human life as well as intent to commit a felony.  The general intent may be shown by specific acts and conduct of the accused or any other circumstances that would cause a jury to infer intent such as evidence of the character of the means or instrument used, the manner in which it was used, the purpose to be accomplished and the resulting wounds or injuries.
The defenses of provocation and voluntary intoxication are available for the accused facing ABWIK charges.

It took a young child with great courage to make the 911 call to the police. It might even be that had the child not called the police, the suspect here would be facing murder charges instead of attempted murder charges.

HCPD arrests man suspected in MB assault -, Myrtle Beach/Florence SC, Weather

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