State v. Cherry

Chief Justice TOAL:

The majority holds that the jury charge recommended in State v. Grippon is the sole and exclusive charge to be given in cases relying, in whole or in part, on circumstantial evidence. Because I believe that South Carolina courts should not abandon the traditional circumstantial evidence charge described in State v. Edwards, I dissent.

The traditional circumstantial evidence charge provides that when the State relies on circumstantial evidence to prove its case, a jury may not convict the defendant unless “every circumstance relied upon by the State [has been] proven beyond a…