State v. Dasher, No. 21824
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | GREGORY; LEWIS, C.J., NESS and HARWELL, JJ., and JOSEPH R. MOSS |
| Citation | 298 S.E.2d 215,278 S.C. 454 |
| Parties | The STATE, Appellant, v. Leon J. DASHER and Robert Gene Holbrook, Respondents. |
| Decision Date | 08 December 1982 |
| Docket Number | No. 21824 |
Page 215
v.
Leon J. DASHER and Robert Gene Holbrook, Respondents.
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.
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State v. Crawford, No. 3933.
...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......
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State v. Barroso, No. 2357
...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......
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State v. Gunn, No. 23931
...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......
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State v. Condrey, No. 3471.
...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......
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State v. Crawford, No. 3933.
...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......
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State v. Barroso, No. 2357
...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
...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.
...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......