Supreme Court of South Carolina

State v. John McCarty

September 21, 2022

Summary

The South Carolina Supreme Court reversed the Court of Appeals and remanded because the circuit court improperly delegated to a jury the factual question of whether the person defended was without fault, and because the circuit court must itself determine entitlement to immunity under the Protection of Persons and Property Act. The Court held that the circuit court is the fact‑finder on the immunity issue and must make specific findings on the record.