State v. Johnson

EXUM, Justice.

The questions presented are whether the evidence was sufficient to convict and whether the Court of Appeals erred in concluding that it was error warranting a new trial for the trial court to refuse defendant’s request to instruct the jury that defendant’s “mere presence” at the scene of the crime, standing alone, was an insufficient basis for conviction. We conclude the evidence was sufficient for conviction and did not warrant a “mere presence” instruction. We reverse the Court of Appeals’ contrary decision.

I

On the evening of 30 January 1982, Donnell Hawkins drove his father’s…