State v. Davis
Supreme Court of South Carolina
51 S.E.2d 86 (1948)
After Norman Gordon Jr. knocked Davis (defendant) down during an earlier argument, Gordon later asked a store owner for a gun, saying he believed Davis was going to shoot him, and said he would get one from a nearby tobacco barn instead. Davis left the store toward his home; soon after, the store owner heard a shotgun blast and found Gordon dead in a nearby cornfield. At trial, Davis admitted he had gone home for his shotgun and hidden in the cornfield planning to shoot Gordon when Gordon returned. The trial court refused to instruct the jury that Davis had no duty to retreat, instead telling jurors that no duty to retreat arose only if a person could not safely avoid the confrontation. Davis was convicted of murder and appealed.
Whether an individual in South Carolina has no duty to retreat and may stand his ground against an imminent threat of bodily injury while on or near his own home or place of business.