State v. Todd, No. 22616
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | FINNEY; NESS |
| Citation | 349 S.E.2d 339,290 S.C. 212 |
| Parties | The STATE, Respondent, v. Larry Randall TODD, Appellant. . Heard |
| Docket Number | No. 22616 |
| Decision Date | 05 May 1986 |
Page 339
v.
Larry Randall TODD, Appellant.
Decided Oct. 6, 1986.
Page 340
[290 S.C. 213] J.M. Long, Jr., Conway, George M. Hearn, Jr., and Kaye Gorenflo Hearn, of Stevens, Stevens, Thomas, Hearn & Hearn, Loris, for appellant.
Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia and Sol. James O. Dunn, Conway, for respondent.
FINNEY, Justice:
Appellant was convicted of murder and assault with intent to commit criminal sexual conduct in the first degree, and was sentenced to life imprisonment plus thirty (30) years. We affirm.
Appellant alleges the trial court erred: (a) In the admission of a photograph of the victim's body, (b) in allowing reply testimony, (c) in its instructions to the jury on voluntary intoxication, and (d) in the supplemental charge to the jury.
Over appellant's objection, the trial court permitted the state to place into evidence a black and white photograph of the victim's right upper chest with the breast exposed showing the location of the bullet wound. Appellant contends the admission of this photograph was unnecessary because the location of the wound was uncontested. He asserts that the photograph was inflammatory and its admission prejudicial to him since he was also on trial for assault with intent to commit criminal sexual conduct.
[290 S.C. 214] The determination of the relevancy and materiality of a photograph is left to the sound discretion of the trial judge. State v. Livingston, 282 S.C. 1, 317 S.E.2d 129 (1984). A photograph should be excluded if it is calculated to arouse the sympathy or prejudice of the jury or is irrelevant or unnecessary to substantiate facts. State v. Middleton, 288 S.C. 21, 339 S.E.2d 692 (1986). There is no abuse of discretion if the offered photograph serves to corroborate testimony. Id. The photograph at issue here corroborated the pathologist's testimony regarding the location of the bullet wound. The appellant was not prejudiced by its introduction because there was explicit testimony that the victim's blouse and brassiere had been removed by medical personnel when they arrived at the scene in order to administer medical aid.
Appellant next contends the trial judge erred in allowing the state to call Ms. Lynn Clayton as a reply witness because her testimony was not in response to defense testimony. The admission...
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State v. Tucker, No. 24517
...only if it is calculated to arouse the jury's sympathy or prejudice or is irrelevant or unnecessary to substantiate facts. State v. Todd, 290 S.C. 212, 349 S.E.2d 339 Of the exhibits introduced at the guilt phase, 4 only one, a black and white photograph, depicted Victim's body as it was le......
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State v. Powers, No. 24804.
...only if it is calculated to arouse the jury's sympathy or prejudice or is irrelevant or unnecessary to substantiate facts. State v. Todd, 290 S.C. 212, 349 S.E.2d 339 (1986). Photographs of the victim's body are admissible in the sentencing phase of a capital trial to show the circumstances......
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State v. Green, No. 27108.
...S.E.2d 180 (1986). If the offered photograph serves to corroborate testimony, it is not an abuse of discretion to admit it. State v. Todd, 290 S.C. 212, 349 S.E.2d 339 (1986). To warrant reversal based on the wrongful admission of evidence, the complaining party must prove resulting prejudi......
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State v. Geiger, No. 4151.
...241 (1996) (emphasis added); accord, State v. Brown, 362 S.C. 258, 262, 607 S.E.2d 93, 95 (Ct.App.2004); State v. 370 S.C. 607 Todd, 290 S.C. 212, 214, 349 S.E.2d 339, 341 (1986). To justify charging the lesser crime, the evidence presented must allow a rational inference the defendant was ......
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State v. Tucker, 24517
...only if it is calculated to arouse the jury's sympathy or prejudice or is irrelevant or unnecessary to substantiate facts. State v. Todd, 290 S.C. 212, 349 S.E.2d 339 Of the exhibits introduced at the guilt phase, 4 only one, a black and white photograph, depicted Victim's body as it was le......
-
State v. Powers, 24804.
...only if it is calculated to arouse the jury's sympathy or prejudice or is irrelevant or unnecessary to substantiate facts. State v. Todd, 290 S.C. 212, 349 S.E.2d 339 (1986). Photographs of the victim's body are admissible in the sentencing phase of a capital trial to show the circumstances......
-
State v. Green, 27108.
...S.E.2d 180 (1986). If the offered photograph serves to corroborate testimony, it is not an abuse of discretion to admit it. State v. Todd, 290 S.C. 212, 349 S.E.2d 339 (1986). To warrant reversal based on the wrongful admission of evidence, the complaining party must prove resulting prejudi......
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State v. Geiger, 4151.
...241 (1996) (emphasis added); accord, State v. Brown, 362 S.C. 258, 262, 607 S.E.2d 93, 95 (Ct.App.2004); State v. 370 S.C. 607 Todd, 290 S.C. 212, 214, 349 S.E.2d 339, 341 (1986). To justify charging the lesser crime, the evidence presented must allow a rational inference the defendant was ......