Bryant v. State, No. 19985

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtLEWIS; MOSS
Citation213 S.E.2d 451,264 S.C. 157
PartiesTimothy BRYANT, Appellant, v. STATE of South Carolina et al., Respondents.
Docket NumberNo. 19985
Decision Date01 April 1975

Page 451

213 S.E.2d 451
264 S.C. 157
Timothy BRYANT, Appellant,
v.
STATE of South Carolina et al., Respondents.
No. 19985.
Supreme Court of South Carolina.
April 1, 1975.

Robert A. Weiss, Charleston, for appellant.

Sol. Robert B. Wallace, Charleston, for respondents.

LEWIS, Justice:

Appellant was convicted on December 14, 1971 of the unlawful sale of heroin and received a sentence of fifteen (15) years. He presently appeals from the denial of two successive applications for post-conviction relief.

Page 452

Appellant's present court-appointed counsel has advised the Court through a brief that he is convinced that the appeal is wholly frivolous and requests leave to withdraw from further prosecution of the appeal. Counsel has complied with Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, including the service of his brief upon appellant who has filed a responsive brief critical of the conclusions of counsel and contending that there is merit to the appeal.

Counsel has cited two probable grounds of appeal, based upon alleged error in the court's instructions to the jury and the contention that a special deputy sheriff, who was permitted to serve on the jury, was disqualified. Appellant additionally[264 S.C. 158] contends in his responsive brief that the State failed to prove his guilt beyond a reasonable doubt, that he was deprived of a fair trial, and that the brief of his appointed counsel in this appeal deprives him of his right to counsel.

After a careful review of the entire record, we are convinced that the appeal is manifestly without merit and wholly frivolous. While we conclude that the appeal is without merit, we think it proper to deal briefly with the question concerning the qualification of the special deputy sheriff to serve as a juror.

Appellant objected to one of the jurors solely because he was a special deputy sheriff. There was no showing of bias or prejudice on the part of the juror and the trial judge correctly ruled that his status as a special deputy sheriff was not a disqualification.

Section 38--101, 1962 Code of Laws, deals with the disqualification of certain persons to serve as jurors and provides:

'No clerk or deputy clerk of the Court, constable, sheriff, probate judge, county commissioner, magistrate or other county officer or any person employed within the walls of any courthouse shall be eligible as a juryman in any civil or criminal case.'

The juror in this case was a...

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5 practice notes
  • State v. Hughey, No. 25096.
    • United States
    • United States State Supreme Court of South Carolina
    • March 27, 2000
    ...under section 14-7-820 when he or she was vested with like powers and duties of a law enforcement officer. In Bryant v. State, 264 S.C. 157, 213 S.E.2d 451 (1975), we held that a special deputy sheriff who did not perform the duties of a law enforcement officer was not disqualified under th......
  • Hall v. State , No. 285
    • United States
    • United States State Supreme Court of Delaware
    • August 13, 2010
    ...(1971); Commonwealth v. Lee, 401 Pa.Super. 591, 585 A.2d 1084 (1991); State v. Cosgrove, 16 R.I. 411, 16 A. 900 (1889); Bryant v. State, 264 S.C. 157, 213 S.E.2d 451 (1975); Williams v. State, 167 Tex.Crim. 503, 321 S.W.2d 72 (Tex.Crim.App.1958); State v. Van Dam, 554 P.2d 1324 (Utah 1976);......
  • Hall v. State Of Del., No. 285, 2007
    • United States
    • United States State Supreme Court of Delaware
    • August 13, 2010
    ...P.2d 372 (Or. 1971); Commonwealth v. Lee, 585 A.2d 1084 (Pa. Super. Ct. 1991); State v. Cosgrove, 16 A. 900 (R.I. 1889); Bryant v. State, 213 S.E.2d 451 (S.C. 1975); Williams v. State, 321 S.W.2d 72 (Tex. Crim. App. 1958); State v. Van Dam, 554 P.2d 1324 (Utah 1976); State v. Parker, 162 A.......
  • State v. Matthews, No. 22639
    • United States
    • United States State Supreme Court of South Carolina
    • September 16, 1986
    ...statutes. Even a special deputy sheriff is not automatically disqualified without a showing of bias or prejudice. Bryant v. State, 264 S.C. 157, 213 S.E.2d 451 (1975). See also State v. Hess, 279 S.C. 14, 301 S.E.2d 547 (1983), cert. denied, 464 U.S. 827, 104 S.Ct. 100, 78 L.Ed.2d 105 (1983......
  • Request a trial to view additional results
5 cases
  • State v. Hughey, No. 25096.
    • United States
    • United States State Supreme Court of South Carolina
    • March 27, 2000
    ...under section 14-7-820 when he or she was vested with like powers and duties of a law enforcement officer. In Bryant v. State, 264 S.C. 157, 213 S.E.2d 451 (1975), we held that a special deputy sheriff who did not perform the duties of a law enforcement officer was not disqualified under th......
  • Hall v. State , No. 285
    • United States
    • United States State Supreme Court of Delaware
    • August 13, 2010
    ...(1971); Commonwealth v. Lee, 401 Pa.Super. 591, 585 A.2d 1084 (1991); State v. Cosgrove, 16 R.I. 411, 16 A. 900 (1889); Bryant v. State, 264 S.C. 157, 213 S.E.2d 451 (1975); Williams v. State, 167 Tex.Crim. 503, 321 S.W.2d 72 (Tex.Crim.App.1958); State v. Van Dam, 554 P.2d 1324 (Utah 1976);......
  • Hall v. State Of Del., No. 285, 2007
    • United States
    • United States State Supreme Court of Delaware
    • August 13, 2010
    ...P.2d 372 (Or. 1971); Commonwealth v. Lee, 585 A.2d 1084 (Pa. Super. Ct. 1991); State v. Cosgrove, 16 A. 900 (R.I. 1889); Bryant v. State, 213 S.E.2d 451 (S.C. 1975); Williams v. State, 321 S.W.2d 72 (Tex. Crim. App. 1958); State v. Van Dam, 554 P.2d 1324 (Utah 1976); State v. Parker, 162 A.......
  • State v. Matthews, No. 22639
    • United States
    • United States State Supreme Court of South Carolina
    • September 16, 1986
    ...statutes. Even a special deputy sheriff is not automatically disqualified without a showing of bias or prejudice. Bryant v. State, 264 S.C. 157, 213 S.E.2d 451 (1975). See also State v. Hess, 279 S.C. 14, 301 S.E.2d 547 (1983), cert. denied, 464 U.S. 827, 104 S.Ct. 100, 78 L.Ed.2d 105 (1983......
  • Request a trial to view additional results

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