State v. Winborne

Littlejohn, Justice:

Bernard Winborne was tried by a jury and convicted of possession of less than an ounce of marijuana, first offense', under §§ 44-53-190(d) 10, 44-53-110 and 44-53-370(c), (d) 2-3, Code of Laws of South Carolina (1976). At trial his attorney moved to suppress the State’s evidence, because the search warrant used to obtain the evidence was based on an affidavit that did not state the time at which the informant observed the evidence on the premises.

At the close of the State’s case, counsel moved for a directed verdict on the grounds that there was no- competent evidence to…