State v. Ziegler, 21083

Decision Date13 November 1979
Docket NumberNo. 21083,21083
CourtSouth Carolina Supreme Court
PartiesThe STATE, Respondent, v. Raymond A. ZIEGLER, Appellant.

W. Gaston Fairey, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Brian P. Gibbes, Columbia, for respondent.

LITTLEJOHN, Justice:

The defendant-appellant, Raymond A. Zeigler, was indicted and tried by a jury for (1) kidnapping, (2) criminal sexual conduct in the first degree, (3) armed robbery, and (4) conspiracy to commit murder. He was convicted (1) of kidnapping, for which he received a life sentence, and (2) of criminal sexual conduct in the first degree, for which he received a 30 year sentence, and (3) of armed robbery, for which he received a 25 year sentence, all to run concurrently.

Defendant now appeals the convictions, submitting to this court six questions for determination. The first challenges the jurisdiction of the court, while the other five allege trial errors on the part of the judge.

A threshold issue was submitted to the judge at the commencement of the trial and appropriately resubmitted later during the proceedings. It was the contention of the defendant that the Court of General Sessions for Richland County did not have jurisdiction over criminal actions that take place within the boundaries of the United States Military Base at Fort Jackson. The judge overruled counsel's motion, holding that the court had ". . . joint jurisdiction where a crime occurs on the Fort Jackson reservation, jointly in the Court of General Sessions of the State of South Carolina and in the United States District Court."

A brief summary of the facts is necessary for a determination of this threshold question. The evidence submitted by the chief prosecuting witness, Harrison, abundantly supports, and the jury obviously believed, that the prosecuting witness became acquainted with defendant and his friend, Duarte 1, at a bar in Richland County outside the fort. The prosecuting witness, a retired Army man, agreed to give a ride to defendant and Duarte back to the fort in his automobile. On the way, with the use of force and threat of force, defendant and Duarte commanded him to keep driving. Later, they made him stop the automobile outside of the fort and committed sexual misconduct on his body. By force or threat of force, they also took his billfold. Still later, they drove onto the fort property and repeated acts of sexual misconduct and, in addition, stripped him of his clothes and took his tool box and other personal properties out of his automobile. These items were later found in the barracks among Duarte's possessions. Defendant admitted having helped carry them from the car to the barracks. In summary, we have evidence of a kidnapping taking place off the fort and continuing onto the fort property. We also have evidence of sexual misconduct and of armed robbery both off and on the fort premises.

The defendant contends that the lower court erred in ruling that the State of South Carolina has concurrent jurisdiction over crimes which occur within the boundaries of the United States Military Base at Fort Jackson. We agree.

The United States Constitution, Article I, § 8, clearly creates exclusive federal authority over land that is purchased with the consent of the state legislature by the federal government for certain governmental purposes, including forts. South Carolina has provided its consent for such purchases in § 3-1-110, Code of Laws of South Carolina (1976). Section 3-1-120 creates exclusive jurisdiction over land so acquired.

The United States has heretofore acquired title to the land comprising Fort Jackson. 2 Pursuant to 40 U.S.C. § 255, the Secretary of War accepted exclusive jurisdiction over the lands in 1943. It follows that the lower court was without jurisdiction to try offenses within the boundaries of Fort Jackson.

There is less case law than one might expect relative to the jurisdictional issue. We do find, however, two cases which are supportive on the point that the State court does not have jurisdiction to try a case involving a crime which happened on the Fort property. In South Carolina Tax Comm. v. Schafer Distributing Co., 247 S.C. 491, 148 S.E.2d 156 (1966), this court quoted, with apparent approval, the order of the lower court, which said:

" 'The authorities uniformly hold that where the State cedes to the United States the land upon which military installations are placed by the United States, exclusive jurisdiction over all matters and things occurring within the reservation is fixed alone in the United States. The laws of the State of South Carolina and the rules and regulations of the South Carolina Tax Commission have no application whatsoever within Shaw Air Force Base. This Court finds that the sale and delivery of beer in question occurred at the Shaw Air Force Base and beyond the jurisdiction of the State of South Carolina and the rules and...

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9 cases
  • Joseph v. State, 25539.
    • United States
    • United States State Supreme Court of South Carolina
    • October 14, 2002
    ...robbery); Young v. State, 259 S.C. 383, 192 S.E.2d 212 (1972) (grand larceny is lesser-included of robbery). See also State v. Ziegler, 274 S.C. 6, 260 S.E.2d 182 (1979) (in dicta, Court stated one may be guilty of armed robbery which involves grand larceny or petit We now overrule the case......
  • State v. Parker, 25538.
    • United States
    • United States State Supreme Court of South Carolina
    • October 14, 2002
    ...robbery); Young v. State, 259 S.C. 383, 192 S.E.2d 212 (1972) (grand larceny is lesser-included of robbery). See also State v. Ziegler, 274 S.C. 6, 260 S.E.2d 182 (1979) (in dicta, we stated one may be guilty of armed robbery which involves grand larceny or petit The cases of State v. Lawso......
  • State v. Bennett, 24718
    • United States
    • United States State Supreme Court of South Carolina
    • October 7, 1997
    ...of freedom and continues until freedom is restored. State v. Hall, 280 S.C. 74, 310 S.E.2d 429 (1983) (citing State v. Ziegler, 274 S.C. 6, 10, 260 S.E.2d 182, 184 (1979)). Here, the only direct evidence Victim was seized, confined, or carried away came from Bennett's own statement that he ......
  • Hinton v. DEPT. OF PROBATION, PAROLE, 3722.
    • United States
    • Court of Appeals of South Carolina
    • January 12, 2004
    ...and continues until freedom is restored. State v. Hall, 280 S.C. 74, 78, 310 S.E.2d 429, 431 (1983) (citing State v. Ziegler, 274 S.C. 6, 10, 260 S.E.2d 182, 184 (1979)). The mens rea required for the crime of kidnapping ... is knowledge. Tucker, 334 S.C. at 13, 512 S.E.2d at 105; see State......
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