STATE v. HEATH

No. 26200.

370 S.C. 326 (2006)

635 S.E.2d 18

The STATE, Respondent, v. Ted Lee HEATH, Appellant.

Supreme Court of South Carolina.

Decided August 14, 2006.


Attorney(s) appearing for the Case

James W. Boyd, of Boyd & Jordan, of Rock Hill, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Thomas E. Pope, of York, for Respondent.


Chief Justice TOAL:

A jury found Ted Lee Heath (Appellant) guilty of trafficking in crack cocaine. This appealed followed. We reverse and hold that Appellant was entitled to a directed verdict because the State failed to present evidence that Appellant was in constructive possession of crack cocaine.

FACTUAL / PROCEDURAL BACKGROUND

Appellant, who was twenty-two years old at the time of the arrest, lived in a house with his mother and a young child...

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