State v. Dasher, No. 21824

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtGREGORY; LEWIS, C.J., NESS and HARWELL, JJ., and JOSEPH R. MOSS
Citation298 S.E.2d 215,278 S.C. 454
PartiesThe STATE, Appellant, v. Leon J. DASHER and Robert Gene Holbrook, Respondents.
Decision Date08 December 1982
Docket NumberNo. 21824

Page 215

298 S.E.2d 215
278 S.C. 454
The STATE, Appellant,
v.
Leon J. DASHER and Robert Gene Holbrook, Respondents.
No. 21824.
Supreme Court of South Carolina.
Dec. 8, 1982.

Page 216

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Harold M. Coombs, Jr., and Sr. Asst. Atty. Gen. Brian P. Gibbes, Columbia, and Sol. Donald V. Myers, Lexington, for appellant.

L. Marion Gressette and F. Lee Prickett, Jr., St. Matthews, and Henry W. Kirkland, Columbia, for respondents.

[278 S.C. 455] GREGORY, Justice:

The trial judge dismissed an indictment charging respondents with conspiring to transport, store, and distribute controlled substances in South Carolina. The State appeals. We affirm.

On November 20, 1978, the State returned two indictments charging respondents with conspiring to transport, store, and distribute controlled substances in South Carolina.

Conspiracy is defined in S.C.Code Ann. § 16-17-410 (1976) as "a combination between two or more persons for the purpose of accomplishing a criminal or unlawful object or an object neither criminal nor unlawful by criminal or unlawful means." Hence, the gravamen of the offense of conspiracy is the agreement or combination.

The conspiracy alleging overt acts involving cocaine was tried in December 1978. Respondents were found guilty by a jury. Dasher's motion for judgment of acquittal notwithstanding the verdict was granted by the trial judge. We reversed, reinstated the verdict of the jury, and remanded the case for sentencing in State v. Dasher, S.C.1982, 297 S.E.2d 414.

When the indictment for conspiracy alleging overt acts involving marijuana was called for trial, respondents moved to quash the indictment on the ground of former jeopardy. This motion was granted.

The theory of former jeopardy consists of three constitutional safeguards: (1) protection from prosecution for the same offense after acquittal; (2) protection from prosecution for the same offense after conviction; and (3) protection from multiple prosecutions for the same offense after an improvidently granted mistrial. State v. Kirby, 269 S.C. 25, 236 S.E.2d 33 (1977).

Page 217

The State argues former jeopardy does not apply because the indictments represent two separate and distinct offenses which require separate proof for conviction. Respondents argue former jeopardy does apply because both indictments charge common individuals with conspiring to violate the Controlled Substances Act during overlapping periods of time.

[278...

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13 practice notes
  • State v. Crawford, No. 3933.
    • United States
    • Court of Appeals of South Carolina
    • January 31, 2005
    ...act contemplated by the conspiracy...." Id. The gravamen of the offense of conspiracy is the agreement, or combination. State v. Dasher, 278 S.C. 454, 298 S.E.2d 215 (1982); see also State v. Buckmon, 347 S.C. 316, 323, 555 S.E.2d 402, 405 (2001) ("The essence of a conspiracy is the agreeme......
  • State v. Barroso, No. 2357
    • United States
    • Court of Appeals of South Carolina
    • March 10, 1995
    ...Jeopardy Clause pursuant to Grady v. Corbin, 495 U.S. 508, 110 S.Ct. [320 S.C. 14] 2084, 109 L.Ed.2d 548 (1990) and State v. Dasher, 278 S.C. 454, 298 S.E.2d 215 The case at hand is very similar to the 1993 case of State v. Wilson, 311 S.C. 382, 429 S.E.2d 453 (1993) wherein our Supreme Pag......
  • State v. Gunn, No. 23931
    • United States
    • United States State Supreme Court of South Carolina
    • March 11, 1993
    ...whether the evidence showed a number of conspiracies. Compare State v. Amerson, --- S.C. ----, 428 S.E.2d 871 (1993); and State v. Dasher, 278 S.C. 454, 298 S.E.2d 215 The State's theory placed Lee Gunn at the "hub" of the alleged conspiracy. In the State's opening argument, the Assistant A......
  • State v. Condrey, No. 3471.
    • United States
    • Court of Appeals of South Carolina
    • April 1, 2002
    ...prosecuted; and (5) the substantive statutes alleged to have been violated. Id. This test was adopted by this Court in [State v.] Dasher, [278 S.C. 454, 298 S.E.2d 215 Id. at 319-20, 428 S.E.2d at 873. It is axiomatic that a conspiracy may be proved by direct or circumstantial evidence or b......
  • Request a trial to view additional results
13 cases
  • State v. Crawford, No. 3933.
    • United States
    • Court of Appeals of South Carolina
    • January 31, 2005
    ...contemplated by the conspiracy...." Id. The gravamen of the offense of conspiracy is the agreement, or combination. State v. Dasher, 278 S.C. 454, 298 S.E.2d 215 (1982); see also State v. Buckmon, 347 S.C. 316, 323, 555 S.E.2d 402, 405 (2001) ("The essence of a conspiracy is the a......
  • State v. Barroso, No. 2357
    • United States
    • Court of Appeals of South Carolina
    • March 10, 1995
    ...Jeopardy Clause pursuant to Grady v. Corbin, 495 U.S. 508, 110 S.Ct. [320 S.C. 14] 2084, 109 L.Ed.2d 548 (1990) and State v. Dasher, 278 S.C. 454, 298 S.E.2d 215 The case at hand is very similar to the 1993 case of State v. Wilson, 311 S.C. 382, 429 S.E.2d 453 (1993) wherein our Supreme Pag......
  • State v. Gunn, No. 23931
    • United States
    • United States State Supreme Court of South Carolina
    • March 11, 1993
    ...whether the evidence showed a number of conspiracies. Compare State v. Amerson, --- S.C. ----, 428 S.E.2d 871 (1993); and State v. Dasher, 278 S.C. 454, 298 S.E.2d 215 The State's theory placed Lee Gunn at the "hub" of the alleged conspiracy. In the State's opening argument, the A......
  • State v. Condrey, No. 3471.
    • United States
    • Court of Appeals of South Carolina
    • April 1, 2002
    ...prosecuted; and (5) the substantive statutes alleged to have been violated. Id. This test was adopted by this Court in [State v.] Dasher, [278 S.C. 454, 298 S.E.2d 215 Id. at 319-20, 428 S.E.2d at 873. It is axiomatic that a conspiracy may be proved by direct or circumstantial evidence or b......
  • Request a trial to view additional results

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