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2011-UP-553 - State v. Brown

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State, Respondent,

v.

Kenneth Wayne Brown, Appellant.


Appeal From Horry County
 Benjamin H. Culbertson, Circuit Court Judge


Unpublished Opinion No. 2011-UP-553
Submitted November 1, 2011 – Filed December 9, 2011   


AFFIRMED


Bobby G. Frederick and Laura L. Hiller, of Myrtle Beach, for Appellant.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant  Attorney General Christina J. Catoe, all of Columbia; and Solicitor J. Gregory Hembree, of Conway, for Respondents.

PER CURIAM: Kenneth Wayne Brown appeals his conviction for assault and battery with intent to kill, arguing the circuit court erred in denying his motion for a directed verdict because the State failed to present evidence to rebut Brown's insanity.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Kennerly, 331 S.C. 442, 455, 503 S.E.2d 214, 221 (Ct. App. 1998) ("[I]ssues not raised to the trial court in support of the directed verdict motion are not preserved for appellate review."), aff'd, 337 S.C. 617, 524 S.E.2d 837 (1999);  In re McCracken, 346 S.C. 87, 92, 551 S.E.2d 235, 238 (2001) (holding that more than a general directed verdict motion is required to preserve a directed verdict ruling).

AFFIRMED.

HUFF, PIEPER, and LOCKEMY, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.