State v. Clark

• Court: South Carolina Supreme Court
• Writing for the Court: PER CURIAM
• Citation: State v. Clark, 334 S.E.2d 121, 286 S.C. 432 (S.C. 1985)
• Decision Date: 04 June 1985
• Docket Number: No. 22360,22360
• Parties: The STATE, Respondent, v. Donnie CLARK, Appellant. . Heard

Page 121

334 S.E.2d 121

286 S.C. 432

The STATE, Respondent, v. Donnie CLARK, Appellant.

No. 22360.

Supreme Court of South Carolina.

Heard June 4, 1985.

Decided Aug. 9, 1985.

Certiorari Denied Nov. 18, 1985.

See 106 S.Ct. 416.

Everett Hope Garner, and S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M. Coombs, Jr., and Staff Atty. Amie L. Clifford, and Sol. James C. Anders, Columbia, for respondent.

PER CURIAM:

Appellant was convicted of conspiracy to housebreak. He alleges the trial court erred in admitting the confession of his co-defendant without sufficiently redacting references to appellant. We agree but affirm.

Appellant Clark was found near the scene of the attempted housebreaking at 3:00 a.m. He was apprehended as he drove his truck away with the headlights off.

When originally questioned, he denied knowing his co-defendant. Later it was determined the two were cousins. He admitted his co-defendant told him of the larceny plans, but denied any participation in them.

Appellant alleges he was near the scene in the middle of the night to go through the garbage dump which would help soothe him after an argument with his wife.

While we agree it was error to admit the co-defendan...