State v. Peake

Finney, Justice:

Appellant Allen Stewart Peake was initially convicted of murder and sentenced to life imprisonment. This Court reversed appellant’s conviction and remanded for a new trial. State v. Peake, 291 S.C. 138, 352 S.E. (2d) 487 (1987). Appellant was retried, found guilty and again sentenced to life imprisonment. We reverse and remand for a new trial.

First, appellant contends the trial judge erred by not granting a directed verdict motion based upon the state’s failure to produce sufficient evidence. The ap pellant relies on State v. Schrock, 283 S.C. 129, 322 S.E. (2d) 450 (1984),…