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STATE v. BROWNLEE

No. 2313.

455 S.E.2d 704 (1995)

The STATE, Respondent, v. Cecil BROWNLEE, Appellant.

Court of Appeals of South Carolina.

Decided February 27, 1995.

Attorney(s) appearing for the Case

Asst. Appellate Defender Robert M. Dudek, of the South Carolina Office of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Sr. Asst. Atty. Gen. Harold M. Coombs, Jr., and Asst. Atty. Gen. Rakale B. Smith, Columbia; and Sol. George M. Ducworth, Anderson, for respondent.

HOWARD, Acting Judge:

Cecil Brownlee was convicted of possession of cocaine with the intent to distribute.1 Brownlee appeals the denial of his motion for a directed verdict. He also appeals the trial court's refusal to charge the jury on the law regarding mere presence. We reverse and remand for a new trial.

On a motion for a directed verdict in a criminal case, the trial court is concerned with the existence or non-existence of...

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