State v. Grippon

489 S.E.2d 462, 327 S.C. 79, 1997 S.C. LEXIS 132
Supreme Court of South Carolina·Decided July 21, 1997·No. 24645·Published·Cited by 44 cases

Opinions

BURNETT, Justice:

Appellant challenges his voluntary manslaughter conviction on the ground the trial judge’s charge on circumstantial evidence erroneously diluted the State’s burden of proof. We ■ disagree and affirm.

FACTS

Around 6:30 a.m. on December 4, 1996, appellant stabbed Harold Singleton. According to appellant, he awoke at his home to find Singleton standing over him. Singleton tried to rape him. The two men fought, and appellant stabbed Singleton in the leg with a knife he kept near his bed. The fight [81] moved into the kitchen where appellant then stabbed Singleton in the back causing his death. Appellant dragged Singleton outside and then called for help. Appellant was indicted for murder.

At the trial, the State introduced appellant’s confession as direct evidence of the cause of Singleton’s death. The State relied on circumstantial evidence to prove malice. The defense did not present any evidence, and appellant did not testify.

On appellant’s request, the trial judge instructed the jury on circumstantial evidence. The trial judge omitted from appellant’s requested instruction the phrase “to the exclusion of every other reasonable hypothesis” (“reasonable hypothesis” phrase) because he interpreted this phrase as shifting the burden of proof from the State to the defendant. The trial judge defined reasonable doubt and repeated throughout his instructions reasonable doubt was the required standard of proof.

ISSUE

Did the trial judge err by omitting the phrase “to the exclusion of every other reasonable hypothesis” from the circumstantial evidence charge?

DISCUSSION

Appellant requested the trial court charge the following:

Crimes may be proven by circumstantial evidence, provided that it meets the necessary legal tests. To the extent that the prosecution relies on circumstantial evidence it must prove all the circumstances relied on beyond a reasonable doubt. The circumstances must be wholly and, in every particular, perfectly consistent with one another; and the circumstances must point conclusively to the guilt of the accused to the exclusion of every other reasonable hypothesis. That is, to be considered as evidence of guilt the circumstances must be absolutely inconsistent with any reasonable hypothesis other than the guilt of the accused.
[82] I charge you further that the mere fact that the circumstances are strongly suspicious and the defendant’s guilt probable, it is not sufficient to sustain a conviction because the proof offered by the State must exclude every reasonable hypothesis except that of guilt, and must satisfy the jury beyond a reasonable doubt.

(emphasis added). The trial judge, relying on State v. Raffaldt, 318 S.C. 110, 456 S.E.2d 390 (1995), refused to include the “reasonable hypothesis” language. The trial judge incorrectly read Raffaldt as a rejection of the “reasonable hypothesis” phrase. However, except for the omission of that phrase, the trial judge fully instructed the jury on circumstantial evidence.

Appellant argues the instruction given on circumstantial evidence was incomplete because the level of proof required to find him guilty was lowered without the omitted phrase. We disagree.

The instruction requested by appellant initially received approval by this Court in State v. Littlejohn, 228 S.C. 324, 89 S.E.2d 924 (1955). See State v. Edwards, 298 S.C. 272, 379 S.E.2d 888, cert. denied, 493 U.S. 895, 110 S.Ct. 246, 107 L.Ed.2d 196 (1989) (stating the appropriate circumstantial evidence charge). Our recent cases addressing the circumstantial evidence charge modified this charge by deleting language requiring the jury to “seek” another explanation. State v. Manning, 305 S.C. 413, 409 S.E.2d 372 (1991), cert. denied, 503 U.S. 914, 112 S.Ct. 1282, 117 L.Ed.2d 507 (1992); Raffaldt, supra. However, we never rejected the “reasonable hypothesis” phrase or found this phrase shifted the burden of proof. In fact, use of a similar phrase was recently approved. State v. Harry, 321 S.C. 273, 468 S.E.2d 76 (Ct.App.1996) (approving use of reasonable explanation phrase). Therefore, the trial judge was not required to delete the “reasonable hypothesis” phrase from the requested charge.

However, the instruction actually given by the trial judge, as a whole, adequately conveyed the level of proof required to find appellant guilty. See State v. Smith, 315 S.C. 547, 446 S.E.2d 411 (1994) (jury instructions should be considered as a whole, and if as a whole they are free from error, any isolated portions which may be misleading do not constitute reversible [83] error); State v. Burton, 302 S.C. 494, 397 S.E.2d 90 (1990) (jury instruction is sufficient if, when considered as a whole, it covers the law applicable to case).

The trial court repeatedly charged the State had the burden of proving the defendant guilty beyond a reasonable doubt, and reasonable doubt was correctly defined. State v. Darby, 324 S.C. 114, 477 S.E.2d 710 (1996). Therefore, the jury was adequately apprised of the proper legal standard, and the omission of this “reasonable hypothesis” phrase from the circumstantial evidence charge did not affect the burden of proof. Accordingly, we find no error.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Grippon, 489 S.E.2d 462, 327 S.C. 79, 1997 S.C. LEXIS 132 (S.C. 1997).

489 S.E.2d 462 (State v. Grippon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Heatley v. State
Supreme Court of South Carolina, 2026
State v. Robert Lee Belcher
Court of Appeals of South Carolina, 2026
State v. Dent
Court of Appeals of South Carolina, 2021
State v. Herndon
Supreme Court of South Carolina, 2020
State v. Herndon
Court of Appeals of South Carolina, 2018
State v. Griffith
Court of Appeals of South Carolina, 2017
State v. Penn
Court of Appeals of South Carolina, 2016
State v. Parker
Court of Appeals of South Carolina, 2015
State v. Lynch
771 S.E.2d 346 (Court of Appeals of South Carolina, 2015)
State v. Drayton
769 S.E.2d 254 (Court of Appeals of South Carolina, 2015)
State v. Jenkins
759 S.E.2d 759 (Court of Appeals of South Carolina, 2014)
State v. Dodd
Court of Appeals of South Carolina, 2014
State v. Germain
79 A.3d 1025 (Supreme Court of New Hampshire, 2013)
State v. Logan
747 S.E.2d 444 (Supreme Court of South Carolina, 2013)
Hampton v. State
961 N.E.2d 480 (Indiana Supreme Court, 2012)
State v. ODEMS
720 S.E.2d 48 (Supreme Court of South Carolina, 2011)
State v. Gilmore
719 S.E.2d 688 (Court of Appeals of South Carolina, 2011)
Battle v. State
675 S.E.2d 736 (Supreme Court of South Carolina, 2009)
State v. Blom
Court of Appeals of South Carolina, 2004
State v. Cherry
606 S.E.2d 475 (Supreme Court of South Carolina, 2004)