State v. Williams, No. 23302
| Court | United States State Supreme Court of South Carolina |
| Writing for the Court | FINNEY; GREGORY |
| Citation | 303 S.C. 274,400 S.E.2d 131 |
| Parties | The STATE, Respondent, v. Willie WILLIAMS, III, Appellant. . Heard |
| Decision Date | 04 December 1989 |
| Docket Number | No. 23302 |
Page 131
v.
Willie WILLIAMS, III, Appellant.
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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State v. Cherry, No. 3406.
...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......
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State v. Kelsey, No. 24801.
...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......
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State v. McHoney, No. 25264.
...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 ......
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State v. Condrey, No. 3471.
...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......
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State v. Cherry, No. 3406.
...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......
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State v. Kelsey, No. 24801.
...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......
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State v. McHoney, No. 25264.
...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 ......
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State v. Condrey, No. 3471.
...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......