State v. Hudson, 21601
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | GREGORY; LEWIS |
| Citation | 277 S.C. 200,284 S.E.2d 773 |
| Parties | The STATE, Respondent, v. Robert L. HUDSON and Ernestine Marie Hudson, Appellants. |
| Docket Number | No. 21601,21601 |
| Decision Date | 24 November 1981 |
Page 773
v.
Robert L. HUDSON and Ernestine Marie Hudson, Appellants.
[277 S.C. 201] Deputy Appellate Defender Vance J. Bettis, of S. C. Commission of Appellate Defense
Page 774
and David I. Bruck, Columbia, for appellants.Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Lindy P. Funkhouser and Senior Asst. Atty. Gen. Brian P. Gibbes, Columbia, and Sol. William W. Wilkins, Jr., Greenville, for respondent.
GREGORY, Justice:
Appellants, husband and wife, were tried jointly and convicted of possession of heroin with intent to distribute. Each was sentenced to five (5) years imprisonment. We affirm the conviction of appellant Robert Hudson. Counsel for Ernestine Hudson has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that there are no meritorious grounds for appeal, and requesting permission to withdraw from representation. We agree and dismiss her appeal.
Appellant Robert Hudson first asserts the trial judge erred in failing to direct a verdict of acquittal because the evidence was insufficient to sustain his conviction for possession with intent to distribute heroin. We disagree.
In deciding whether the Court erred in not directing a verdict in favor of appellant, we must view the evidence in the light most favorable to the State. When a motion for directed verdict is made, the trial judge is concerned with the existence of evidence, not with its weight. It is his duty to submit the case to the jury if there is evidence, either direct or circumstantial, which reasonably tends to prove the guilt of the accused or from which guilt may be fairly and logically deduced. State v. Ellis, 263 S.C. 12, 207 S.E.2d 408, 412 (1974), citing State v. Wheeler, 259 S.C. 571, at 578, 193 S.E.2d 515 (1972); State v. Jordan, 255 S.C. 86, 177 S.E.2d 464 (1970).
Where circumstantial evidence is relied upon by the State in a criminal case, there must be positive proof of facts and circumstances which, taken together, warrant inference of guilt to a moral certainty, to the exclusion of any other reasonable hypothesis. If there is any evidence tending to support [277 S.C. 202] an inference of guilt, the court must submit the issue to the jury. State v. McIver, 238 S.C. 401, 120 S.E.2d 393 (1961).
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