State v. Suttles, 21902

Decision Date19 April 1983
Docket NumberNo. 21902,21902
Citation279 S.C. 87,302 S.E.2d 338
CourtSouth Carolina Supreme Court
PartiesThe STATE, Respondent, v. Arthur Edward SUTTLES and Bobby Morgan, Appellants.

Asst. Appellate Defenders William Isaac Diggs and Elizabeth C. Fullwood of S.C. Com'n of Appellate Defense, Columbia, for appellants.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod and Asst. Attys. Gen. Harold M. Coombs, Jr. and Martha L. McElveen, Columbia, for respondent.

NESS, Justice.

Appellants were indicted for burglary and pleaded guilty to housebreaking. They now contend housebreaking is not a lesser included offense of burglary, and thus they pleaded guilty to an offense for which they were neither indicted nor waived presentment. See Summerall v. State, S.C., 294 S.E.2d 344 (1982) and State v. Martin, S.C., 294 S.E.2d 345 (1982). We disagree and affirm.

The test for determining when a crime is a lesser included offense of the crime charged is whether the greater of the two offenses includes all the elements of the lesser offense. State v. Fennell, 263 S.C. 216, 209 S.E.2d 433 (1974).

In State v. Brooks, 277 S.C. 111, 283 S.E.2d 830 (1981), we defined burglary as the breaking and entering of a dwelling house of another in the nighttime with intent to commit a crime therein. The legislature has defined housebreaking similarly, except that the offense is committed in the daytime.

We believe the legislature, by using the word "daytime," did not intend to require specific proof that the offense was committed in the daytime, but rather intended the statute to cover situations where the state cannot prove the offense was committed at night. Otherwise, instances might arise wherein the State could prove a breaking and entering of a dwelling house with intent to commit a crime on a certain date, but could not pinpoint the time of the offense, and therefore could not charge the suspect with either crime. We do not think the legislature intended such a result.

We hold housebreaking is a lesser included offense of burglary. Thus, a defendant can properly plead guilty to housebreaking under a burglary indictment. State v. Hiott, 276 S.C. 72, 276 S.E.2d 163 (1981).

AFFIRMED.

LEWIS, C.J., and LITTLEJOHN, GREGORY and HARWELL, JJ., concur.

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14 cases
  • State v. Sprouse
    • United States
    • South Carolina Court of Appeals
    • November 25, 1996
    ...offense. State v. Bland, 318 S.C. 315, 457 S.E.2d 611 (1995); Murdock v. State, 308 S.C. 143, 417 S.E.2d 543 (1992); State v. Suttles, 279 S.C. 87, 302 S.E.2d 338 (1983). If the lesser offense includes an element not included in the greater offense, then the lesser offense is not included i......
  • State v. Gosnell
    • United States
    • South Carolina Court of Appeals
    • July 17, 2000
    ...included offense of the crime charged is whether the greater offense includes all the elements of the lesser offense. State v. Suttles, 279 S.C. 87, 302 S.E.2d 338 (1983). If the lesser offense includes an element not included in the greater offense, then the lesser offense is not included ......
  • State v. Kirby
    • United States
    • South Carolina Court of Appeals
    • December 23, 1996
    ...offense. State v. Bland, 318 S.C. 315, 457 S.E.2d 611 (1995); Murdock v. State, 308 S.C. 143, 417 S.E.2d 543 (1992); State v. Suttles, 279 S.C. 87, 302 S.E.2d 338 (1983). If the lesser offense includes an element not included in the greater offense, then the lesser offense is not included i......
  • State v. Prince
    • United States
    • South Carolina Supreme Court
    • April 19, 1993
    ...the greater offense (here, conspiracy) includes all the legal and factual elements of the lesser (here, solicitation). State v. Suttles, 279 S.C. 87, 302 S.E.2d 338 (1983). While a conspiracy involves the combination of two or more persons, S.C.Code Ann. § 16-17-410 (1985), solicitation con......
  • Request a trial to view additional results
2 books & journal articles
  • K. Burglary and Related Offenses
    • United States
    • The Criminal Law of South Carolina (SCBar) Chapter III Offenses Against Property
    • Invalid date
    ...do not, however, repeal common law burglary. Housebreaking was declared to be a lesser included offense of burglary in State v. Suttles, 279 S.C. 87, 302 S.E.2d 338 (1983), with the result that indictment for the latter would support conviction of the former. This is so even though common l......
  • C. Classification of Offenses
    • United States
    • The Criminal Law of South Carolina (SCBar) Chapter I General Principles of Criminal Law
    • Invalid date
    ...offense includes an element not included in the greater offense, the lesser offense is not included within the greater. State v. Suttles, 279 S.C. 87, 302 S.E.2d 338 (1983); State v. Fennell, 263 S.C. 216, 219-20, 209 S.E.2d 433, 434 (1974). In recent years the Court has tended to parse the......

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