Legal Opinion · Concurrence

State v. Grippon

Supreme Court of South Carolina

Decided July 21, 1997No. 24645Published

1ConcurrenceToal, Justice

I agree with the majority’s decision to affirm Grippon’s conviction for voluntary manslaughter, but see no need to recommend an entirely new circumstantial evidence charge. Accordingly, I concur in result only.

As the majority notes, the charge requested by Grippon correctly stated the law. The language concerning the necessity that the circumstantial evidence “point conclusively to the guilt of the accused to the exclusion of every other reasonable hypothesis” does not shift the burden of proof to the defendant. State v. Raffaldt, 318 S.C. 110, 456 S.E.2d 390 (1995), and State v. Manning, 305…

2Cases cited14 opinions

  1. State v. JenksOhio Supreme Court · 1991
  2. Holland v. United StatesSupreme Court of the United States · 1955
  3. State v. CaptvilleSupreme Court of Louisiana · 1984
  4. People v. FordNew York Court of Appeals · 1985
  5. State v. GosbyWashington Supreme Court · 1975

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