State v. Campbell, No. 19493

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtLITTLEJOHN; Moss; MOSS
Citation259 S.C. 339,191 S.E.2d 770
PartiesThe STATE, Respondent, v. Pierce CAMPBELL, Appellant.
Decision Date02 October 1972
Docket NumberNo. 19493

Page 770

191 S.E.2d 770
259 S.C. 339
The STATE, Respondent,
v.
Pierce CAMPBELL, Appellant.
No. 19493.
Supreme Court of South Carolina.
Oct. 2, 1972.

[259 S.C. 340]

Page 771

Theodore W. Law, Jr., and Henry W. Kirkland, Columbia, for appellant.

Solicitor John W. Foard, Jr., Columbia, for respondent.

LITTLEJOHN, Justice:

[259 S.C. 341] We are called upon in this appeal to evaluate the trial judge's treatment of evidentiary matters and to determine whether the evidence created jury issues. The defendant Pierce Campbell was charged with murder and convicted of the voluntary manslaughter of Annie Ruth Gleaton. He has appealed.

On three separate occasions during the trial the defendant moved for a mistrial; the court denied each motion. The first motion asserted that highly prejudical inadmissible evidence, an axe, was shown to the jury. The second motion claimed highly prejudicial photographs, which had no probative value, were admitted into evidence and inflamed the jury. The third motion for mistrial was grounded on the assertion that a shirt ruled inadmissible in the State's case in chief was brought to the attention of the jury on the State's cross examination of the defendant.

At the conclusion of the State's evidence and again at the conclusion of all evidence,

Page 772

the defendant moved for a directed verdict of acquittal because of insufficiency of the State's proof, and after rendition of the verdict, moved for judgment non obstante veredicto, or in the alternative for a new trial. These motions were also denied and it is from all these rulings that defendant appeals.

The defendant submits five exceptions. We will consider each separately.

The first exception raised by the defendant is as follows:

'(1) The Court erred in refusing to direct a verdict at the conclusion of the State's case in favor of the Defendant since the evidence taken in the most favorable light to the State will not support a conviction for manslaughter.'

A review of the evidence is necessary:

Campbell and the deceased, whom he refers to as his 'girl friend', occupied a small house on Pulaski Street in Columbia. Witness Clarence Ruff testified that he visited with them in their house about 9:30 the night of Annie Ruth [259 S.C. 342] Gleaton's death.

The house was cleaned up and the visit was routine.

Witness Henry Palmer testified that his house was about twenty feet from the defendant's house. He and campbell had lived there for several years and he was acquainted with the deceased woman. He testified that sometime after midnight he heard the deceased hollering: 'Please Pierce Campbell, please don't hit me no more. Please. Please.' Witness Jacob Norris, who lived nearby, testified that the defendant Campbell came to his house about 3:30 in the morning and asked him to call an ambulance. Officer Richard Good testified that he went to defendant's house and found Gleaton on the floor. She was dead. There was an axe in the room identified as belonging to the defendant; it was wet with water. The room was in complete disarray; it was described: 'There was blood all over the bed and all over where the stove had been turned around where they evidently had scuffled.'

The doctor described the death-causing injury as follows: 'There were multiple laceration wounds of the scalp eight to ten inches long and down into and through the brain substance.' . . . 'The wound went down into the skull and into the brain and produced hemorrhages and destruction of brain tissue.'

The defendant denied that he killed Gleaton, but the jury obviously, and understandably, did not believe him.

Chief Justice Moss, writing for the Court in State v. Jordan, 255 S.C. 86, 177 S.E.2d 464...

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13 practice notes
  • Gilliam v. Foster, No. 95-2434
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • January 29, 1996
    ...Rule of Evidence 403 as South Carolina law)), cert. denied, --- U.S. ----, 116 S.Ct. 160, 133 L.Ed.2d 103 (1995); State v. Campbell, 259 S.C. 339, 191 S.E.2d 770, 773 (1972) (noting that court should exclude photographs that "are calculated to arouse the sympathy or prejudice of the jury," ......
  • State v. Hunter, No. 24337
    • United States
    • United States State Supreme Court of South Carolina
    • September 20, 1995
    ...309 S.C. 326, 422 S.E.2d 133 (1992), cert. denied, 508 U.S. 915, 113 S.Ct. 2355, 124 L.Ed.2d 263 (1993); Issue V: State v. Campbell, 259 S.C. 339, 191 S.E.2d 770 (1972); State v. Osborne, 200 S.C. 504, 21 S.E.2d 178 (1942), overruled on other grounds, State v. Torrence, 305 S.C. 45, 406 S.E......
  • State v. Shaw, No. 20973
    • United States
    • United States State Supreme Court of South Carolina
    • May 28, 1979
    ...to illustrate the crimes committed against Ms. Hartness. State v. Bellue, 260 S.C. 39, 194 S.E.2d 193 (1973); State v. Campbell, 259 S.C. 339, 191 S.E.2d 770 (1972). They were also admissible to substantiate the State's assertion that Shaw returned to the scene of the Hartness The evidence ......
  • State v. Gilbert, No. 21562
    • United States
    • United States State Supreme Court of South Carolina
    • September 14, 1981
    ...irrelevant nor inflammatory. Like the other photographs it was demonstrative of the circumstances of the crimes. See State v. Campbell, 259 S.C. 339, 191 S.E.2d 770 The appellants contend that they should have been allowed to introduce witnesses to testify why the death penalty is allegedly......
  • Request a trial to view additional results
13 cases
  • Gilliam v. Foster, No. 95-2434
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • January 29, 1996
    ...Rule of Evidence 403 as South Carolina law)), cert. denied, --- U.S. ----, 116 S.Ct. 160, 133 L.Ed.2d 103 (1995); State v. Campbell, 259 S.C. 339, 191 S.E.2d 770, 773 (1972) (noting that court should exclude photographs that "are calculated to arouse the sympathy or prejudice of the jury," ......
  • State v. Hunter, No. 24337
    • United States
    • United States State Supreme Court of South Carolina
    • September 20, 1995
    ...309 S.C. 326, 422 S.E.2d 133 (1992), cert. denied, 508 U.S. 915, 113 S.Ct. 2355, 124 L.Ed.2d 263 (1993); Issue V: State v. Campbell, 259 S.C. 339, 191 S.E.2d 770 (1972); State v. Osborne, 200 S.C. 504, 21 S.E.2d 178 (1942), overruled on other grounds, State v. Torrence, 305 S.C. 45, 406 S.E......
  • State v. Shaw, No. 20973
    • United States
    • United States State Supreme Court of South Carolina
    • May 28, 1979
    ...to illustrate the crimes committed against Ms. Hartness. State v. Bellue, 260 S.C. 39, 194 S.E.2d 193 (1973); State v. Campbell, 259 S.C. 339, 191 S.E.2d 770 (1972). They were also admissible to substantiate the State's assertion that Shaw returned to the scene of the Hartness The evidence ......
  • State v. Gilbert, No. 21562
    • United States
    • United States State Supreme Court of South Carolina
    • September 14, 1981
    ...irrelevant nor inflammatory. Like the other photographs it was demonstrative of the circumstances of the crimes. See State v. Campbell, 259 S.C. 339, 191 S.E.2d 770 The appellants contend that they should have been allowed to introduce witnesses to testify why the death penalty is allegedly......
  • Request a trial to view additional results

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