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State v. Kelsey6/8/1998
(2) SLED agent Joseph Powell's testimony that metal fragments found at the crime scene matched fragments found at Kirchner's house;
(3) the forensic pathologist's testimony that the explosion was the more probable cause of death;
(4) April Reese's and Tom Wurtzinger's testimony corroborating Lee's statements concerning the events that took place at Kirchner's house on July 11 & 12; and
(5) Kelsey's admission that he was the one who placed the pipe bomb into Richey's mouth.
Therefore, when the evidence is viewed in the light most favorable to the State, the trial court correctly denied Kelsey's motion for a directed verdict on the murder charge.
B . CONSPIRACY
Conspiracy is defined as the "combination between two or more persons for the purpose of accomplishing a criminal or unlawful object or an object neither criminal nor unlawful by criminal or unlawful means." S.C. Code Ann. Section 16-17-410 (1985). To establish the existence of a conspiracy, proof of an express agreement is not necessary, and direct evidence is not essential, but the conspiracy may be sufficiently shown by circumstantial evidence and the conduct of the parties. State v. Fleming, 243 S.C. 265, 133 S.E.2d 800 (1963). In State v. Childs, 299 S.C. 471, 385 S.E.2d 839 (1989), the defendant argued that the trial court erred in denying his motion for a directed verdict on a conspiracy charge. We disagreed, finding that the following facts tended to prove the defendant's guilt: evidence that defendant knew co-defendant; defendant was seen running from the area where the victim's body was found; bloodhounds had tracked the victim's scent to the co-defendant's house; arid defendant had given a written statement stating that he agreed to be a lookout for co-defendant.
In this case, evidence indicated that Kelsey was instrumental in constructing the pipe bombs at Kirchner's house; that Kelsey was with Lee and Payne on the night of the murder; that Kelsey helped Payne carry Richey into the woods; that Kelsey and Payne were alone together in the woods with Richey's body; and that Kelsey placed the pipe bomb into Richey's mouth. We therefore find the evidence was sufficient to subrnit the conspiracy charge to the jury.
II. TRANSFER OF JURISDICTION
Kelsey argues that the family court erred in transferring jurisdiction over his case to the Court of General Sessions. We disagree.
In making its motion to transfer jurisdiction, the State relied on S.C. Code Ann. Section 20-7-430(4) & (6) (1985). Section 20-7-430(4) provides that the family court may transfer jurisdiction if that court finds "it contrary to the best interest of such child or of the public to retain jurisdiction, After conducting a hearing on the State's transfer motion, the family court ordered jurisdiction over Kelsey's case be transferred to the Court of General Sessions. The family court found it was in the best interest of Kelsey and the community to have Kelsey tried as an adult. The family court's findings were based primarily upon criteria established in the appendix to the United States Supreme Court case of Kent v. United States, 383 U.S. 541, 86 S. Ct. 1045, 15 L. Ed. 2d 84 (1966).
It is the responsibility of the family court to include in its waiver of jurisdiction order a sufficient statement of reasons for, and considerations leading to, that decision. Conclusory statements, or a mere recitation of statutory requirements, without further explanation will not suffice. In re Sullivan, 274 S.C. 544, 265 S.E.2d 527 (1980). The serious nature of the offense is a major factor in the transfer decision. See Sanders v. State, 281 S.C. 5
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