State v. Williams, No. 23302

CourtUnited States State Supreme Court of South Carolina
Writing for the CourtFINNEY; GREGORY
Citation303 S.C. 274,400 S.E.2d 131
PartiesThe STATE, Respondent, v. Willie WILLIAMS, III, Appellant. . Heard
Decision Date04 December 1989
Docket NumberNo. 23302

Page 131

400 S.E.2d 131
303 S.C. 274
The STATE, Respondent,
v.
Willie WILLIAMS, III, Appellant.
No. 23302.
Supreme Court of South Carolina.
Heard Dec. 4, 1989.
Decided Jan. 7, 1991.

Page 132

[303 S.C. 275] James A. Stuckey, Jr., of Stuckey & Kabrovsky, Charleston, Chief Atty. David I. Bruck and Deputy Chief Atty. Elizabeth C. Fullwood, both of the South Carolina Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Columbia, and Sol. Charles M. Condon, Charleston, for respondent.

[303 S.C. 276] FINNEY, Justice:

Appellant Willie Williams, III, was convicted for the murder of Zenaida Albury and sentenced to life imprisonment. We reverse and remand.

The victim, a native of the Philippine Islands, was employed by the appellant. She was last seen alive on March 2, 1986, leaving with the appellant to pick up her paycheck from appellant's home. Her decomposed body was discovered October 12, 1987, on John's Island.

The first issue on appeal is whether the trial court erred in failing to direct a verdict of acquittal.

In considering a motion for a directed verdict, the judge is concerned with the existence or non-existence of evidence, not its weight. The case should be submitted to the jury if there be any substantial evidence which reasonably tends to prove the guilt of the accused, or from which his guilt may be fairly and logically deduced. State v. Edwards, 298 S.C. 272, 379 S.E.2d 888 (1989), cert. denied, --- U.S. ----, 110 S.Ct. 246, 107 L.Ed.2d 196 (1989); State v. Littlejohn, 228 S.C. 324, 89 S.E.2d 924, 926 (1955).

We find that the record in this case contains substantial evidence which reasonably

Page 133

tends to prove the guilt of the appellant or from which his guilt may be fairly and logically deduced. Thus, the trial court appropriately submitted the case to the jury.

Second, appellant asserts that the trial court erred in admitting testimony by Deborah Diana Rodriguez regarding out-of-court statements attributed to Zenaida Albury.

Over defense objection on grounds of hearsay, Rodriguez testified that the victim told her over the telephone at 4:00 P.M., March 2, 1986, that she was at the appellant's home.

The statements of the deceased, and declarations made by him are not competent evidence either for or against the accused unless made in his presence or unless they are admitted in evidence as part of res gestae or dying declarations or proved by the...

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23 practice notes
  • State v. Cherry, No. 3406.
    • United States
    • Court of Appeals of South Carolina
    • November 13, 2001
    ...572 (2000); State v. Prince, 316 S.C. 57, 447 S.E.2d 177 (1993); Brown v. State, 307 S.C. 465, 415 S.E.2d 811 (1992); State v. Williams, 303 S.C. 274, 400 S.E.2d 131 (1991); State v. Stokes, 299 S.C. 483, 386 S.E.2d 241 (1989); State v. Wakefield, 323 S.C. 189, 473 S.E.2d 831 C. The "Any Di......
  • State v. Kelsey, No. 24801.
    • United States
    • United States State Supreme Court of South Carolina
    • June 8, 1998
    ...ruling on a motion for a directed verdict, the trial court is concerned with the existence of evidence, not its weight. State v. Williams, 303 S.C. 274, 400 S.E.2d 131 A. MURDER Murder is "the killing of any person with malice aforethought, either express or implied." S.C.Code Ann. § 16-3-1......
  • State v. McHoney, No. 25264.
    • United States
    • United States State Supreme Court of South Carolina
    • March 19, 2001
    ...verdict motion, the trial judge is concerned with the existence of the evidence, not its weight. Mitchell, supra; State v. Williams, 303 S.C. 274, 400 S.E.2d 131 (1991). We find the State presented enough evidence to survive a directed verdict Viewing the evidence in a light most favorable ......
  • State v. Condrey, No. 3471.
    • United States
    • Court of Appeals of South Carolina
    • April 1, 2002
    ...for a directed verdict, the trial court is concerned with the existence or non-existence of evidence, not its weight. State v. Williams, 303 S.C. 274, 400 S.E.2d 131 (1991); State v. Green, 327 S.C. 581, 491 S.E.2d 263 (Ct.App.1997). On appeal from the denial of a directed verdict, an appel......
  • Request a trial to view additional results
23 cases
  • State v. Cherry, No. 3406.
    • United States
    • Court of Appeals of South Carolina
    • November 13, 2001
    ...572 (2000); State v. Prince, 316 S.C. 57, 447 S.E.2d 177 (1993); Brown v. State, 307 S.C. 465, 415 S.E.2d 811 (1992); State v. Williams, 303 S.C. 274, 400 S.E.2d 131 (1991); State v. Stokes, 299 S.C. 483, 386 S.E.2d 241 (1989); State v. Wakefield, 323 S.C. 189, 473 S.E.2d 831 C. The "Any Di......
  • State v. Kelsey, No. 24801.
    • United States
    • United States State Supreme Court of South Carolina
    • June 8, 1998
    ...ruling on a motion for a directed verdict, the trial court is concerned with the existence of evidence, not its weight. State v. Williams, 303 S.C. 274, 400 S.E.2d 131 A. MURDER Murder is "the killing of any person with malice aforethought, either express or implied." S.C.Code Ann. § 16-3-1......
  • State v. McHoney, No. 25264.
    • United States
    • United States State Supreme Court of South Carolina
    • March 19, 2001
    ...verdict motion, the trial judge is concerned with the existence of the evidence, not its weight. Mitchell, supra; State v. Williams, 303 S.C. 274, 400 S.E.2d 131 (1991). We find the State presented enough evidence to survive a directed verdict Viewing the evidence in a light most favorable ......
  • State v. Condrey, No. 3471.
    • United States
    • Court of Appeals of South Carolina
    • April 1, 2002
    ...for a directed verdict, the trial court is concerned with the existence or non-existence of evidence, not its weight. State v. Williams, 303 S.C. 274, 400 S.E.2d 131 (1991); State v. Green, 327 S.C. 581, 491 S.E.2d 263 (Ct.App.1997). On appeal from the denial of a directed verdict, an appel......
  • Request a trial to view additional results

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