State v. Brown

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

The State,       
Respondent,

v.

Steve W. Brown,       
Appellant.

Appeal From Sumter County

Howard P. King, Circuit Court Judge

Unpublished Opinion No. 2004-UP-005

Submitted January 12, 2004 – Filed January
14, 2004

AFFIRMED

M. M. Weinberg, III, of Sumter, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney
General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson,
Assistant Attorney General David A. Spencer, all of Columbia;  and Solicitor
Cecil Kelley Jackson, of Sumter, for Respondent.

PER CURIAM:          Affirmed
pursuant to South Carolina Rules of Appellate Practice, Rule 220, and the following
authorities: As to Issue I: State v. Pinckney, 339 S.C. 346, 349,
529 S.E.2d 526, 527 (2000) (“In reviewing a refusal to grant a directed verdict,
[an appellate court] must view the evidence in the light most favorable to the
State and determine whether there is any direct or substantial circumstantial
evidence that reasonably tends to prove the defendant’s guilt or from which
his guilt may be logically deduced.”); see State v. Morgan, 282
S.C. 409, 411, 319 S.E.2d 335, 336 (1984) (“Upon a motion for a directed verdict
. . . , the trial judge is concerned with the existence of evidence and not
its weight.”).

As to Issue II:  State v. Hughey,
339 S.C. 439, 450, 529 S.E.2d 721, 727 (2000) (holding a circuit court’s failure
to give a requested jury charge must be erroneous and prejudicial to warrant
reversal); State v. Foust, 325 S.C. 12, 16, 479 S.E.2d 50, 52 (1996)
(holding a charge that is substantially correct and covers the law does not
require reversal); State v. Kerr, 330 S.C. 132, 144, 498 S.E.2d 212,
218 (Ct. App. 1998) (holding when reviewing a circuit court’s instruction to
the jury, the charge must be considered in its entirety).

AFFIRMED.

HEARN, C.J., HOWARD, and KITTREDGE, JJ., concur.