State v. Fowler

Cureton, Judge:

Appellant, Jimmy Lee Fowler, appeals his conviction for unlawful neglect of a child under provisions of S.C. Code Ann. § 20-7-50 (Supp. 1995). We reverse his conviction.

The issues on appeal are (1) whether the trial court erred in refusing to grant a directed verdict when the State failed to present any evidence direct or circumstantial that Fowler had legal custody of the infant victim, and (2) whether Fowler is entitled to be resentenced because the trial judge made disparaging comments about him having “bastard babies” and the solicitor recommended Fowler not receive…