State v. McGuire, No. 20911

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtPER CURIAM
Citation272 S.C. 547,253 S.E.2d 103
PartiesThe STATE, Respondent, v. Daniel L. McGUIRE, Appellant.
Docket NumberNo. 20911
Decision Date13 March 1979

Page 103

253 S.E.2d 103
272 S.C. 547
The STATE, Respondent,
v.
Daniel L. McGUIRE, Appellant.
No. 20911.
Supreme Court of South Carolina.
March 13, 1979.

[272 S.C. 548] Kerry W. Koon and O. Grady Query, Charleston, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Brian P. Gibbes, Columbia, and Sol. Capers G. Barr, III, Charleston, for respondent.

PER CURIAM:

Mr. and Mrs. Truman Glenn were robbed and beaten by three men armed with a pistol. Mr. Glenn died of injuries sustained.

Appellant Daniel L. McGuire was indicted, along with Wayne M. Crosby and Harold C. Ulrichsen, for armed robbery and the murder of Mr. Glenn. McGuire was brought to trial and convicted of both offenses. He has appealed, alleging prejudicial evidentiary errors and errors in instructions to the jury.

During trial, the State presented the testimony of Crosby. He had been granted immunity from prosecution in return for testifying. He had also been granted immunity on an unrelated charge of breaking and entering an automobile and larceny of a pistol. Subsequent to the immunity

Page 104

agreement, Crosby had admitted, at a suppression hearing before Circuit Judge Klyde Robinson, who was not the trial judge, that he had committed several crimes involving moral turpitude, stating that he had broken into Brown's Amusement, three service stations, two cafes, two houses and two cars; he also [272 S.C. 549] stated that he had cracked a safe, sold various drugs, and had once broken into his grandmother's house and stolen $2,500.00. Several of the places were broken into more than one time. These offenses occurred between 1971 and 1976. Apparently, he has not been prosecuted for these offenses.

In the trial, Crosby testified that he and McGuire and Ulrichsen robbed the Glenns and stated that he had decided to testify for the State in order to help set things straight. For the purpose of impeaching his credibility, defense counsel sought to cross-examine Crosby about his admissions before Judge Robinson, about crimes involving moral turpitude. His admissions at the suppression hearing were read into the record out of the presence of the jury. The trial judge refused the request of McGuire's counsel to cross-examine him about the admissions before the jury, basing his ruling on the witness's Fifth Amendment privilege against self-incrimination. He also noted that some of the crimes were admitted in a conclusory fashion.

Crosby also testified, in response to questions of the solicitor, that he had made an agreement with the police officer to take a polygraph examination concerning this case. He described the conversation with the officer in which the officer said to McGuire, concerning the polygraph examination, "well you are next." McGuire is purported to have replied that he had "nothing to hide." The officer later corroborated Crosby's agreement to take a polygraph examination and corroborated the claim that he had said McGuire would be next.

In speaking to the jury on the second day of the trial, over objection, the judge instructed it that discussion of the case in the jury room was all right, although it would be best if they did not discuss it until instructed to begin their deliberations. At the end of the second day of...

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34 practice notes
  • Holland v. State, No. 90-DP-0024
    • United States
    • United States State Supreme Court of Mississippi
    • September 11, 1991
    ...the trial court." State v. Washington, 182 Conn. 419, 438 A.2d 1144, 1147 (1980) (citing several treatises); accord State v. McGuire, 272 S.C. 547, 253 S.E.2d 103 (1979); State v. Drake, 31 N.C.App. 187, 229 S.E.2d 51 In short, "each juror [must] keep an open mind until the case h......
  • State v. Kelsey, No. 24801.
    • United States
    • United States State Supreme Court of South Carolina
    • June 8, 1998
    ...However, the cross-examiner may not go on a "fishing expedition" in the hopes of finding some misconduct. State v. McGuire, 272 S.C. 547, 253 S.E.2d 103 In this case, Payne's attorney inquired into a prior act of forgery. When Kelsey stated he was not aware of any such charge, Pay......
  • Cruz v. Workers Comp. Appeal Bd., No. 69 MAP 2012
    • United States
    • United States State Supreme Court of Pennsylvania
    • July 21, 2014
    ...privilege is personal); State ex rel. Butterworth v. Southland Corp., 684 F.Supp. 292 (S.D.Fla.1988) (same); see also State v. McGuire, 272 S.C. 547, 253 S.E.2d 103, 105 (S.C.1979) (finding that a witness must personally invoke his Fifth Amendment privilege, and that a judge cannot invoke i......
  • State v. Gaskins, No. 22217
    • United States
    • United States State Supreme Court of South Carolina
    • September 12, 1984
    ...testify. We are of the view that his ruling is inconsistent with State v. Perry, 279 S.C. 539, 309 S.E.2d 9 (1983) and State v. McGuire, 272 S.C. 547, 253 S.E.2d 103 (1979) wherein the Court [A] judge may not invoke a witness's Fifth Amendment privilege; and, in any case, it is well settled......
  • Request a trial to view additional results
34 cases
  • Holland v. State, No. 90-DP-0024
    • United States
    • United States State Supreme Court of Mississippi
    • September 11, 1991
    ...the trial court." State v. Washington, 182 Conn. 419, 438 A.2d 1144, 1147 (1980) (citing several treatises); accord State v. McGuire, 272 S.C. 547, 253 S.E.2d 103 (1979); State v. Drake, 31 N.C.App. 187, 229 S.E.2d 51 In short, "each juror [must] keep an open mind until the case h......
  • State v. Kelsey, No. 24801.
    • United States
    • United States State Supreme Court of South Carolina
    • June 8, 1998
    ...However, the cross-examiner may not go on a "fishing expedition" in the hopes of finding some misconduct. State v. McGuire, 272 S.C. 547, 253 S.E.2d 103 In this case, Payne's attorney inquired into a prior act of forgery. When Kelsey stated he was not aware of any such charge, Pay......
  • Cruz v. Workers Comp. Appeal Bd., No. 69 MAP 2012
    • United States
    • United States State Supreme Court of Pennsylvania
    • July 21, 2014
    ...privilege is personal); State ex rel. Butterworth v. Southland Corp., 684 F.Supp. 292 (S.D.Fla.1988) (same); see also State v. McGuire, 272 S.C. 547, 253 S.E.2d 103, 105 (S.C.1979) (finding that a witness must personally invoke his Fifth Amendment privilege, and that a judge cannot invoke i......
  • State v. Gaskins, No. 22217
    • United States
    • United States State Supreme Court of South Carolina
    • September 12, 1984
    ...testify. We are of the view that his ruling is inconsistent with State v. Perry, 279 S.C. 539, 309 S.E.2d 9 (1983) and State v. McGuire, 272 S.C. 547, 253 S.E.2d 103 (1979) wherein the Court [A] judge may not invoke a witness's Fifth Amendment privilege; and, in any case, it is well settled......
  • Request a trial to view additional results

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