Hayden v. State

Ness, Justice:

Respondent was convicted of possession of cocaine with intent to distribute and sentenced to ten years imprisonment. We affirmed the conviction on direct appeal in State v. Hayden, et al., 268 S. C. 214, 232 S. E. (2d) 889 (1977). This appeal is from an order granting respondent’s motion for post-conviction relief on the ground of after-discovered evidence. The State contends respondent failed to meet all the requirements for a new trial established in State v. Caskey, et al., 273 S. C. 325, 256 S. E. (2d) 737 (1979). We agree and reverse.

A party requesting a new trial based on…