State v. Lee

Decision Date03 April 1989
Docket NumberNo. 23038,23038
Citation298 S.C. 362,380 S.E.2d 834
PartiesThe STATE, Respondent, v. Daniel LEE, Appellant. . Heard
CourtSouth Carolina Supreme Court

Asst. Appellate Defender Joseph L. Savitz, III, or S.C. Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and William Edgar Salter, III, Columbia, and Sol. Charles M. Condon, Charleston, for respondent.

TOAL, Justice:

Daniel Lee was tried for and convicted of possession of cocaine. Lee alleges the trial court erred in failing to instruct the jury on "mere presence." We affirm Lee's conviction.

On the afternoon of August 31, 1987, Agent Ramey, employed by the South Carolina Alcoholic Beverage Control Commission, was assisting Officer Frazier, employed by the Charleston County Police Department's Narcotics Unit. While on patrol, the officers drove up to within six feet of a group of approximately six people standing in a semicircle next to a Charleston street. The group scattered when the officers drove up. Ramey testified she saw Lee, who was standing in the group as they approached, drop a plastic container containing white powder, which was later found to be cocaine. Both officers testified they followed Lee around the corner of a nearby building and arrested him.

Lee's testimony as to the facts surrounding his arrest was quite different. Lee testified he was just walking along behind the building. As he turned the corner of the building, he saw the group of people in a circle, saw the officers' car pull up, and saw the people walk away. Lee testified the officers approached and searched him; the officers did not find drugs on Lee, and he was released. After the officers released him, and he began to walk away, the officers found the cocaine on the ground where the group had been standing and stopped him again. Lee testified the officers told him they were going to frame him for possession even though they knew he was not involved in the matter.

Lee requested the trial judge instruct the jury on "mere presence," however, the trial judge declined this request. Lee was convicted. This appeal followed.

The law to be charged to the jury is to be determined by the evidence presented at trial. State v. Dingle, 279 S.C. 278, 306 S.E.2d 223 (1983); State v. Linder, 276 S.C. 304, 278 S.E.2d 335 (1981). The trial court commits reversible error when it fails to give a requested charge on an issue raised by the indictment and evidence presented. State v. Kimbrell, 294 S.C. 51, 362 S.E.2d 630 (1987); State v. Robertson, 191 S.C. 509, 5 S.E.2d 285 (1939). The failure to charge "mere presence" may constitute reversible error. Kimbrell, 362 S.E.2d at 632.

The trial judge should charge only the law applicable to the case, State v. Fair, 209 S.C. 439, 40 S.E.2d 634 (1946); State v. Rivers, 186 S.C. 221, 196 S.E. 6 (1938), as the purpose of jury instructions is to enlighten the jury. Fair, 40 S.E.2d at 637. Providing instructions to the jury which do not fit the facts of the case may tend to confuse the jury. Id.

Possession requires more than mere presence. The State must show the defendant had dominion or control over the thing allegedly possessed or had the right to exercise dominion or control over it. State v. Ellis, 263 S.C. 12, 207 S.E.2d 408 (1974); State v. Tabory, 260 S.C. 355, 196 S.E.2d 111 (1973).

This Court has held mere presence instructions are required where the evidence presented at trial reasonably supports the conclusion that the defendant was merely present at the scene where drugs were found, but it was questionable whet...

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41 cases
  • State v. Santiago
    • United States
    • Court of Appeals of South Carolina
    • June 19, 2006
    ...error if he or she fails to give a charge on an issue raised by the evidence and requested by the defendant. State v. Lee, 298 S.C. 362, 364, 380 S.E.2d 834, 836 (1989). Here, the record does not support a charge of self-defense for several reasons. First, the evidence does not support a fi......
  • State v. Patterson
    • United States
    • Court of Appeals of South Carolina
    • January 9, 2006
    ...347 S.C. 296, 302, 555 S.E.2d 391, 394 (2001); State v. Cole, 338 S.C. 97, 101, 525 S.E.2d 511, 512 (2000); State v. Lee, 298 S.C. 362, 364, 380 S.E.2d 834, 835 (1989); State v. Staten, 364 S.C. 7, 40, 610 S.E.2d 823, 840 (Ct.App.2005). The trial court is required to charge only the current......
  • State v. Shuler
    • United States
    • United States State Supreme Court of South Carolina
    • April 16, 2001
    ...A. Voluntary Manslaughter The trial judge determines the law to be charged on the presentation of evidence at trial. State v. Lee, 298 S.C. 362, 380 S.E.2d 834 (1989). The trial judge must charge the correct and current law of the State. State v. Hughey, 339 S.C. 439, 529 S.E.2d 721 (2000) ......
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    • United States State Supreme Court of South Carolina
    • January 8, 2001
    ...355 S.E.2d 270, 273 (1987). The law to be charged to the jury is determined by the evidence presented at trial. E.g., State v. Lee, 298 S.C. 362, 380 S.E.2d 834 (1989). Furthermore, a trial court should not give jury instructions which do not fit the facts of the case as such charges may te......
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