State v. Smith

560 S.E.2d 430, 348 S.C. 601, 2002 S.C. App. LEXIS 14
CourtCourt of Appeals of South Carolina
DecidedFebruary 4, 2002
DocketNo. 3440
StatusPublished
Cited by3 cases

This text of 560 S.E.2d 430 (State v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Smith, 560 S.E.2d 430, 348 S.C. 601, 2002 S.C. App. LEXIS 14 (S.C. Ct. App. 2002).

Opinion

ANDERSON, J.

Dorothy Smith (“Appellant”) appeals her conviction for misprision of a felony, arguing the trial court erred in denying her motion for directed verdict. We affirm.

FACTS/PROCEDURAL BACKGROUND

Lena Mae Grier was found dead at approximately 2:30 p.m. on December 30, 1996. She was the victim of a shooting during a robbery of her Georgetown County convenience store.

Several people saw Grier in the hours before her death. Grier’s daughter, Patsy Lewis, lived about a half-mile from the store. Lewis took lunch to Grier around 12:00 p.m. and stayed to help her with the lunchtime rush because her mother was working alone. There were no customers in the store when Lewis left at 1:30 p.m.

Mike Simmons, Grier’s friend and pastor, arrived at the store shortly after Lewis departed and visited with Grier until 2:15 p.m. While Simmons was there, a man — whom Simmons identified as Marion Smith (“Marion”), Appellant’s husband— entered the store and bought cheese and a few other items. Simmons left Grier shortly after the man exited the store. As Simmons was leaving, he held the door for a female customer [604]*604entering the store. At that time, Simmons noticed the man he had seen in the store was parked outside in a blue station wagon. Simmons additionally observed a woman — whom Simmons identified as Appellant — seated in the station wagon’s front passenger seat.

Clementine Verner, a longtime customer of Grier’s, was the woman entering the store as Simmons left. Verner had noticed the blue station wagon with the two occupants when she arrived. She stayed approximately 10 to 15 minutes in the store, conversing with Grier and purchasing a few items. When Verner left, there were no customers in the store; however, she saw the station wagon and its occupants were still in the parking lot. According to Verner, the pair was eating crackers and what appeared to be cheese. Verner recognized Appellant and Marion as persons she had seen at the store occasionally, although she did not know them personally.

Grier’s body was found around 2:30 p.m. by her son-in-law, Thomas Lewis. The cash register and Grier’s pocketbook were missing from the store. Following the robbery and murder, Simmons reported what he had seen while at the store to Georgetown County Sheriffs Department investigators. He also shared his observations with Lewis.

The following morning, Lewis prepared her home for the reception of family and friends. The first people to arrive were Appellant and Marion. Lewis did not know either of them. Appellant explained their presence at Lewis’ home by relating that she and Marion had been at Grier’s store at 12:30 the day before and, upon hearing of Grier’s death, had come to express their condolences.

Lewis had been in the store from 12:00 to 1:30 p.m. the previous day and did not remember seeing either Appellant or Marion. When Lewis asked Appellant if she was sure about the time, Appellant averred she was certain. Lewis recalled Simmons’ description of the people he had seen while at Grier’s store. Lewis excused herself and had Simmons paged with an urgent message for him to come to her home immediately.

Simmons rushed to the residence after getting the message. Upon entering the home, Simmons instantly recognized the [605]*605couple as the people he had seen at Grier’s store. He left the room after a moment of polite conversation and telephoned the sheriffs department. Investigator Robert Medlin instructed Simmons to ask Appellant and Marion to drive over to Grier’s store, where they would be met by Medlin and Carter Weaver, a South Carolina Law Enforcement Division agent assisting in the investigation.

Appellant and Marion complied with Simmons’ request and proceeded to the store. Once there, the couple was joined by Medlin and Weaver. After a brief conversation, Medlin and Weaver asked the two to come with them to a nearby sheriffs department substation. Appellant and Marion agreed.

Appellant and Marion were interviewed separately at the substation. They were not suspects; instead, the police treated the two as witnesses. Investigators queried both about their trip to Grier’s store. At Appellant’s trial, Agent Weaver reported what Appellant said in response:

[Appellant] related to us that she was not aware of the time when they were actually at the store and she stated that they had earlier in that day gone to Marion, South Carolina, to pay some car taxes and had come back through to [Grier’s] store to get — for the purpose of getting some cheese and some other miscellaneous food and that they all — [Marion] went in and got the cheese. [Appellant] stayed in the car. [Marion] came back to the car, went back in and got some cigarettes and then they left.

Appellant made no further statements nor gave investigators any other indication she had witnessed the robbery or murder. The police let the couple go home.

After comparing Appellant’s account of the events relating to the trip to Grier’s store with that of her husband’s, investigators obtained and executed a search warrant of the couple’s home. Appellant and Marion were considered suspects at this point. Appellant accompanied Investigator Medlin and Agent Weaver back to the sheriffs department substation. Once there, the investigators mirandized Appellant and asked her to make a statement. Appellant waived her rights and gave a statement. Appellant admitted that when her husband made his second trip into Grier’s store, she heard a “pow” and saw [606]*606Marion running out of the store carrying a cash register and a pocketbook.

The interview at the substation was not recorded by either audio or video device. Appellant was later transported to the sheriffs department headquarters, where she gave the same statement during a taped interview.

Marion was indicted for the robbery and Grier’s murder. He was later acquitted on all charges.

Appellant was initially indicted for accessory after the fact. The Georgetown County Grand Jury later returned an indictment against her for misprision of a felony. At trial, the circuit judge directed a verdict for Appellant concerning the accessory charge.1 The judge, however, denied Appellant’s directed verdict motion for the misprision of a felony count. Appellant was convicted and sentenced to eight years imprisonment. Appellant appeals.

STANDARD OF REVIEW

Our Supreme Court’s recent decision in State v. McHoney, 344 S.C. 85, 544 S.E.2d 30 (2001), edifies regarding the proper scope of review of a trial judge’s denial of a motion for directed verdict in the criminal trial setting:

A defendant is entitled to a directed verdict when the State fails to produce evidence of the offense charged. State v. Brown, 103 S.C. 437, 88 S.E. 21 (1916). In reviewing a motion for directed verdict, the trial judge is concerned with the existence of the evidence, not with its weight. State v. Mitchell, 341 S.C. 406, 535 S.E.2d 126 (2000). On appeal from the denial of a directed verdict, an [607]*607appellate court must view the evidence in the light most favorable to the State. State v. Burdette, 335 S.C. 34,

Related

Smith v. Ozmint
394 F. Supp. 2d 787 (D. South Carolina, 2005)
State v. Smith
592 S.E.2d 302 (Supreme Court of South Carolina, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
560 S.E.2d 430, 348 S.C. 601, 2002 S.C. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-scctapp-2002.