State v. Brownlee

Howard, Acting Judge:

Cecil Brownlee was convicted of possession of cocaine with the intent to distribute. Brownlee appeals the denial of his motion for a directed verdict. He also appeals the trial court’s refusal to charge the jury on the law regarding mere presence. We reverse and remand for a new trial.

On a motion for a directed verdict in a criminal case, the trial court is concerned with the existence or nonexistence of evidence, not its weight. State v. Morgan, 282 S.C. 409, 319 S.E. (2d) 335 (1984); State v. Barksdale, — S.C. —, 428 S.E. (2d) 498 (Ct. App. 1993). The motion should be…