State v. Nix, 0606
| Decision Date | 22 October 1985 |
| Docket Number | No. 0606,0606 |
| Citation | 288 S.C. 492,343 S.E.2d 627 |
| Court | South Carolina Court of Appeals |
| Parties | The STATE, Respondent, v. Martin A. NIX, Appellant, and The STATE, Respondent, v. Rallie F. QUARLES, Appellant. . Heard |
Asst. Appellate Defender Joseph L. Savitz, III, of S.C. Office of Appellate Defense, Columbia, for appellant Nix.
Asst. Appellate Defender Tara D. Shurling, of S.C. Office of Appellate Defense, Columbia, for appellant Quarles.
Atty. Gen. T. Travis Medlock, Asst. Attys. Gen., Harold M. Coombs, Jr. and Amie L. Clifford, Columbia, and Sol. Donald V. Myers, Lexington, for respondent.
Rallie F. Quarles (Quarles) and Martin A. Nix (Nix) were tried and convicted of the offenses of armed robbery, kidnapping, and first degree criminal sexual conduct. The separate appeals of the defendants were consolidated on appeal for hearing and disposition. We affirm.
Sherry Casey, an employee of a Zippy Mart store in Lexington County, was the only employee on duty during the midnight to 4:00 a.m. shift. Casey indicated that after 2:30 a.m. two people whom she identified at trial as Quarles and Nix came into the store but left when a police officer drove up to the store. Later that night, Quarles returned to the store. Casey asked if she could help him; he pointed something under his shirt at Casey and demanded all the money in the cash register. Casey admitted on cross examination that she did not see a gun. Thereafter Casey was forced by Quarles into the back seat of an automobile parked outside; she noticed a bar leaning across the rear passenger door of the automobile, which caused her to believe that she could not open the door. Nix drove the automobile to a wooded area where Quarles made her get out of the car and Nix raped her. Later Quarles forced her to perform oral sex and then raped her. During this time Nix and Quarles talked about whether they were going to kill Casey and told her that they were going to kill her. At any rate, they finally tied her hands and feet behind her back and left her nearly naked in the wooded area. She was able to free her legs and then ran to the home of Mrs. Judy Helms, who took her to the hospital and called the police.
At trial Mr. Thomas Donald testified that at approximately 2:30 a.m. on the same night of the above occurrences, he was parked in his automobile close to the Odyssey Club in Columbia when he was approached by a man matching Quarles' description who appeared to have a pistol under his shirt which he pointed at Mr. Donald's head and then ordered him from the car. When Donald got out of the car he noticed another man whose description was similar to that given by Casey of defendant Nix; Quarles threatened to kill Donald and told Nix to get his wallet and money. A struggle ensued in which Nix and Donald fought and struggled with each other. They were fighting at a point about 50 feet from Donald's car when the man fitting Nix's description called for Quarles to bring the gun, at which time Donald screamed, thus causing Nix to run to Donald's car and both assailants to flee in it.
At the time the car was stolen, there was a spare tire, a car jack and some nylon rope or line in the trunk; the nylon rope was "white" but "yellowish" in color and had been used by Donald to tie furniture on the car. 1
About 6:00 a.m. the next morning, a Lexington County Deputy found Quarles and Nix walking on a rural road in Lexington County. He questioned them. Shortly thereafter, at about 7:00 a.m., the deputy arrested Quarles in a residence in West Columbia. While he was being transported to jail, Quarles told the deputy that he knew where a stolen car was; he said that the car had been stolen from the Odyssey Club, described it and told the deputy that the car had a flat tire; he gave the deputy the location of the car and also told the deputy that he had ridden in the car. Thereafter Donald's car was found where Quarles said it was. The officer who first examined the car saw a tire jack across the rear passenger door.
After being qualified as an expert, an officer testified that the treads of Donald's car tires were similar to the tire tracks found in the dirt road where the sexual assault had occurred and that either the tires from Donald's car made the tracks or tires precisely like them. Additionally, a fingerprint expert testified that latent fingerprints of Nix and Quarles were lifted from the exterior of Donald's car.
Attorneys for both Nix and Quarles made timely motions of request to make a limiting charge to the jury that the evidence of other crimes not contained in the indictment may be considered by them only if they find a common scheme, design or plan involved in the uncharged crime and the crimes charged in the indictment. The trial judge denied the request to charge.
At issue on appeal are whether (1) there was sufficient evidence to convict the defendants of armed robbery, (2) Donald's testimony was admissible, (3) the defendants were entitled to a charge limiting consideration of Donald's testimony only if it found a common scheme, design or plan connecting the stealing of Donald's car to the offenses charged.
Issues one and two are so interrelated that we address them together.
Evidence of other crimes is competent to prove the specific crime charged when it tends to establish (1) motive; (2) intent; (3) the absence of mistake or accident; (4) a common scheme or plan embracing the commission of two or more crimes so related to each other that proof of one tends to establish the other; (5) the identity of the person charged with the commission of the crime on trial. State v. Lyle, 125 S.C. 406, 118 S.E. 803 (1923).
Evidence of other crimes must be put to a rather severe test before admission. The acid test of admissibility is the logical relevancy of the other crime to one of the above enumerated qualifications for admission. It is a judicial question and the trial judge must clearly perceive the connection between the other crime and the crime or crimes charged. State v. Lyle, supra.
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State v. Warren
...but solely for impeachment purpose constituted error). Our Court has recognized an exception to this general rule. State v. Nix, 288 S.C. 492, 343 S.E.2d 627 (Ct.App.1986). In that case, co-defendants Quarles and Nix, were tried and convicted of armed robbery, kidnapping, and first-degree c......
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State v. Fletcher
...trial court must gauge its logical relevancy to the particular purpose for which it is sought to be introduced. See State v. Nix, 288 S.C. 492, 343 S.E.2d 627 (Ct.App.1986). If the prior bad act evidence is "logically pertinent in that it reasonably tends to prove a material fact in issue, ......
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State v. Johnson
...proven that he is guilty of the crime for which he is accused. An exception to this general rule was recognized in State v. Nix, 288 S.C. 492, 343 S.E.2d 627 (Ct.App.1986). There, the Court of Appeals held that a limiting instruction is unnecessary where "evidence of the other crime is admi......
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State v. Gillian
...trial court must gauge its logical relevancy to the particular purpose for which it is sought to be introduced. See State v. Nix, 288 S.C. 492, 343 S.E.2d 627 (Ct.App.1986). If the prior bad act evidence is "logically pertinent in that it reasonably tends to prove a material fact in issue, ......