Supreme Court of South Carolina

The State, Respondent v. William Gary Blackburn, Appellant

August 24, 1978271 S.C. 324

Summary

Appellant Blackburn was convicted as an accessory before the fact to murder and sentenced to life imprisonment. The South Carolina Supreme Court affirmed, holding that the victim’s post‑assault statement was not admissible as part of the res gestae (though the error was harmless), that evidence of Blackburn’s prior alleged crimes was properly admitted to show motive, that the sheriff’s statement was not hearsay, and that allowing a principal’s testimony in exchange for a plea was not error.

Holding

  • Whether the victim’s statement was admissible as part of the res gestae exception to the hearsay rule. The statement did not qualify as res gestae; its admission was error but harmless because it was cumulative to other evidence
  • Whether evidence of Blackburn’s prior alleged crimes was admissible to prove motive. The evidence was properly admitted on the ground that it tended to prove motive
  • Whether the statement made by the victim to the sheriff was hearsay. The statement was not hearsay because it was offered to show that the victim made an accusatory statement, not to prove the truth of the underlying allegations
  • Whether the trial court erred in allowing a principal’s testimony in exchange for a plea. The trial court did not err; granting immunity and allowing the testimony was within the solicitor’s discretion and did not affect competency

Docket 20752

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