State v. Blackburn, No. 20752
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | NESS; LEWIS; RHODES |
| Citation | 247 S.E.2d 334,271 S.C. 324 |
| Parties | The STATE, Respondent, v. William Gary BLACKBURN, Appellant. |
| Decision Date | 24 August 1978 |
| Docket Number | No. 20752 |
Page 334
v.
William Gary BLACKBURN, Appellant.
Page 335
[271 S.C. 326] Kermit S. King and Jean L. Perrin, Columbia, and B. Henderson Johnson, Jr., Aiken, for appellant.
Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Brian P. Gibbes, Columbia, and Sol. Sylvia W. Westerdahl, Aiken, for respondent.
Page 336
NESS, Justice:
Appellant Blackburn allegedly procured two men to kill Pamela Tanner. He was indicted as an accessory before the fact of murder, found guilty, and sentenced to life imprisonment. We affirm.
Pamela Tanner was assaulted and set on fire in her car near Williston on January 14, 1977. She eventually died from her injuries.
The two admitted principals, Edward M. Davis and Leonard W. Crosby, were indicted for murder. Crosby pled guilty and received a life sentence; Davis was subsequently indicted for lesser charges arising out of the same incident. Both men testified against appellant.
The State sought to prove appellant's motive for Ms. Tanner's murder by introducing evidence of alleged prior crimes for which appellant had been indicted. Numerous witnesses stated that Ms. Tanner planned to testify against [271 S.C. 327] Blackburn at his trial for housebreaking, grand larceny, and arson, and to prevent this, he plotted to have her killed.
Initially, appellant asserts the trial court erred in admitting testimony concerning an oral statement implicating Blackburn made by the deceased on the night of her assault. Approximately one hour after Ms. Tanner was injured, she responded to questions by a deputy sheriff at the hospital. A rescue squad worker who was present was permitted to testify at trial that "she (Pamela Tanner) felt sure that Gary Blackburn was behind all of this, that she was a star witness, was supposed to be a witness in a case of his." (Tr. p. 28). This statement was allowed into evidence under the res gestae exception to the hearsay rule.
In order to qualify as a part of the res gestae, a statement must be substantially contemporaneous with the litigated transaction and be the spontaneous utterance of the mind while under the active, immediate influence of the event. See McCormick on Evidence, 2d Ed., p. 686 et seq.; Marshall v. Thomason, 241 S.C. 84, 127 S.E.2d 177 (1962); State v. Maxey, 262 S.C. 504, 508, 205 S.E.2d 841 (1974). The rationale for the exception lies in the special reliability accorded to a statement uttered in spontaneous excitement which suspends the declarant's powers of reflection and fabrication. See 6 Wigmore, Evidence, § 1747. Also see Rast v. Mutual Life Ins. Co. of New York, 112 F.2d 769, 773 (4th Cir. 1940).
Generally, accusatory utterances of a homicide victim are admissible as a part of the res gestae when they spring spontaneously and instinctively from the stress of pain or excitement and are made soon enough after the act to preclude deliberation. See Annotation, Admissibility, As Part of Res Gestae of Accusatory Utterances Made by Homicide Victim After Act, 4 ALR3d 149; State v. Talbert, 41 S.C. 526, 19 S.E. 852 (1894); State v. Laboon et al., 107 S.C. 275, 92 S.E. 622 (1917). Whether or not such utterances are admissible as a part of [271 S.C. 328] the res gestae depends upon the particular circumstances of each case, and a wide amount of discretion is vested in the trial court. State v. Wideman, 110 S.C. 394, 96 S.E. 688 (1918); Powers v. Temple, 250 S.C. 149, 156 S.E.2d 759 (1967).
The time interval here, though in excess of one hour, does not necessarily eliminate the statement as a part of the res gestae. In Guthrie v. U. S., 92 U.S.App.D.C. 361, 207 F.2d 19 (1953), the admission of a statement as a part of the res gestae was upheld where it was made at least eleven hours after the alleged assault. In State v. Quillien, 263 S.C. 87, 207 S.E.2d 814 (1974), a rape victim was interviewed by a police officer after she arrived at the...
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State v. Martucci, No. 4438.
...584 (1989). The admission of improper evidence is harmless where the evidence is merely cumulative to other evidence. State v. Blackburn, 271 S.C. 324, 329, 247 S.E.2d 334, 337 (1978); Weaverling, 337 S.C. at 471, 523 S.E.2d at 793; see also State v. Williams, 321 S.C. 455, 463, 469 S.E.2d ......
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State v. Kirton, No. 4470.
...584 (1989). The admission of improper evidence is harmless where the evidence is merely cumulative to other evidence. State v. Blackburn, 271 S.C. 324, 329, 247 S.E.2d 334, 337 (1978); State v. Weaverling, 337 S.C. 460, 471, 523 S.E.2d 787, 793 (Ct.App.1999); see also State v. Williams, 321......
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State v. Douglas, No. 4075.
...State v. Haselden, 353 S.C. 190, 577 S.E.2d 445 (2003); State v. Braxton, 343 S.C. 629, 541 S.E.2d 833 (2001); State v. Blackburn, 271 S.C. 324, 247 S.E.2d 334 (1978); State v. Weaverling, 337 S.C. 460, 523 S.E.2d 787 (Ct.App.1999); see also State v. Williams, 321 S.C. 455, 469 S.E.2d 49 (1......
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State v. Fletcher, No. 3940.
...State v. Haselden, 353 S.C. 190, 577 S.E.2d 445 (2003); State v. Braxton, 343 S.C. 629, 541 S.E.2d 833 (2001); State v. Blackburn, 271 S.C. 324, 247 S.E.2d 334 (1978); State v. Weaverling, 337 S.C. 460, 523 S.E.2d 787 (Ct.App.1999); see 363 S.C. 249 also State v. Williams, 321 S.C. 455, 469......
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State v. Martucci, No. 4438.
...584 (1989). The admission of improper evidence is harmless where the evidence is merely cumulative to other evidence. State v. Blackburn, 271 S.C. 324, 329, 247 S.E.2d 334, 337 (1978); Weaverling, 337 S.C. at 471, 523 S.E.2d at 793; see also State v. Williams, 321 S.C. 455, 463, 469 S.E.2d ......
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State v. Kirton, No. 4470.
...584 (1989). The admission of improper evidence is harmless where the evidence is merely cumulative to other evidence. State v. Blackburn, 271 S.C. 324, 329, 247 S.E.2d 334, 337 (1978); State v. Weaverling, 337 S.C. 460, 471, 523 S.E.2d 787, 793 (Ct.App.1999); see also State v. Williams, 321......
-
State v. Douglas, No. 4075.
...State v. Haselden, 353 S.C. 190, 577 S.E.2d 445 (2003); State v. Braxton, 343 S.C. 629, 541 S.E.2d 833 (2001); State v. Blackburn, 271 S.C. 324, 247 S.E.2d 334 (1978); State v. Weaverling, 337 S.C. 460, 523 S.E.2d 787 (Ct.App.1999); see also State v. Williams, 321 S.C. 455, 469 S.E.2d 49 (1......
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State v. Fletcher, No. 3940.
...State v. Haselden, 353 S.C. 190, 577 S.E.2d 445 (2003); State v. Braxton, 343 S.C. 629, 541 S.E.2d 833 (2001); State v. Blackburn, 271 S.C. 324, 247 S.E.2d 334 (1978); State v. Weaverling, 337 S.C. 460, 523 S.E.2d 787 (Ct.App.1999); see 363 S.C. 249 also State v. Williams, 321 S.C. 455, 469......