State v. Miller

I concur in part with the result reached by the majority, but on a different ground. The majority relies upon State v. Dasher, 278 S. C. 395, 297 S. E. (2d) 414 (1982), in which I dissented. I adhere to my views expressed in Dasher, as modified here.

The majority summarily states in a footnote that defense counsel’s post verdict motion was improper, but declines to address the issue on the basis it is not properly raised. I disagree. Appellant’s exceptions 2, 4 and 6 clearly question the trial judge’s authority to grant a judgment notwithstanding the verdict. The State’s argument as to these…