State v. Todd, 349 S.E.2d 339 (S.C. 1986). · Go Syfert
State v. Todd, 349 S.E.2d 339 (S.C. 1986). Cases Citing This Book View Copy Cite
79 citation events (49 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Evans (scctapp, 2011-04-11)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Evans (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2011 · quote attribution · 2 verbatim quotes · confidence high
there is no abuse of discretion if the offered photograph serves to corroborate testimony.
examined Cited as authority (verbatim quote) State v. Huckabee (2×) also: Cited as authority (quoted)
S.C. Ct. App. · 2010 · quote attribution · 2 verbatim quotes · confidence high
the admission of reply testimony is within the sound discretion of the trial judge, and there is no abuse of discretion if the testimony is arguably contradictory of and in reply to earlier testimony.
examined Cited as authority (quoted) State v. Prather (2×)
S.C. Ct. App. · 2017 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the admission of reply testimony is within the sound discretion of the trial judge, and there is no abuse of discretion if the testimony is arguably contradictory of and in reply to earlier testimony.
examined Cited as authority (quoted) Pelzer v. State (2×)
S.C. · 2015 · quote attribution · 2 verbatim quotes · confidence low
the law to be charged is determined from the evidence presented at trial.
examined Cited as authority (quoted) Pelzer v. State (2×)
S.C. · 2015 · quote attribution · 2 verbatim quotes · confidence low
the law to be charged is determined from the evidence presented at trial.
cited Cited as authority (rule) State v. Ware
S.C. Ct. App. · 2019 · confidence medium
State v. Todd, 290 S.C. 212, 214 , 349 S.E.2d 339, 340-41 (1986).
discussed Cited as authority (rule) State v. Allison
S.C. Ct. App. · 2014 · confidence medium
See State v. White, 361 S.C. 407, 412 , 605 S.E.2d 540, 542 (2004) (noting the law to be charged is determined by the evidence presented at trial); State v. Todd, 290 S.C. 212, 214 , 349 S.E.2d 339, 341 (1986) (holding no prejudicial error in the trial court's charge to the jury on the law of voluntary intoxication, even though intoxication was not a defense, as there was some evidence showing the appellant had been drinking prior to the shooting).
cited Cited as authority (rule) State v. Jones
S.C. Ct. App. · 2013 · confidence medium
State v. Todd, 290 S.C. 212, 214 , 349 S.E.2d 339, 340 (1986).
discussed Cited as authority (rule) State v. Singleton
S.C. Ct. App. · 2011 · confidence medium
Moreover, “[t]he admission of reply testimony is within the sound discretion of the trial judge, and there is no abuse of discretion if the testimony is arguably contradictory of and in reply to earlier testimony.” State v. Todd, 290 S.C. 212, 214 , 349 S.E.2d 339, 340 (1986); see also State v. Huckabee, 388 S.C. 232, 243 , 694 S.E.2d 781, 786 (Ct.App.2010) (finding no abuse of discretion by the trial judge in allowing reply testimony when it was limited in scope to contradict a previous contention raised by the defendant and not admitted to complete the State’s casein-chief).
discussed Cited as authority (rule) State v. Geiger
S.C. Ct. App. · 2006 · confidence medium
“The law to be charged is determined by the evidence presented at trial.” State v. Gourdine, 322 S.C. 396, 398 , 472 S.E.2d 241 (1996) (emphasis added); accord, State v. Brown, 362 S.C. 258, 262 , 607 S.E.2d 93, 95 (Ct.App.2004); State v. *607 Todd, 290 S.C. 212, 214 , 349 S.E.2d 339, 341 (1986).
examined Cited as authority (rule) State v. Galbreath (3×) also: Cited "see"
S.C. Ct. App. · 2005 · confidence medium
“The admission of reply testimony is within the sound discretion of the trial judge, and there is no abuse of discretion if the testimony is arguably contradictory of and in reply to earlier testimony.” State v. Todd , 290 S.C. 212, 214 , 349 S.E.2d 339, 340 (1986).
discussed Cited as authority (rule) State v. Bryant (2×)
S.C. Ct. App. · 2003 · confidence medium
Furthermore, the admission of reply testimony is within the trial court’s discretion, and a reviewing court will not find an abuse of discretion “if the testimony is arguably contradictory of and in reply to earlier testimony.” State v. Todd, 290 S.C. 212, 214 , 349 S.E.2d 339, 340 (1986).
discussed Cited "see" State v. Brown (2×)
S.C. Ct. App. · 2015 · signal: see · confidence high
See State v. Todd, 290 S.C. 212, 214 , 349 S.E.2d 339, 340 (1986) (stating the "admission of reply testimony is within the sound discretion of the trial judge").
discussed Cited "see" State v. Hambright (2×)
S.C. Ct. App. · 1992 · signal: see · confidence high
See State v. Todd, 290 S.C. 212 , 349 S.E. (2d) 339 (1986).
discussed Cited "see, e.g." State v. Adkins (2×)
S.C. Ct. App. · 2003 · signal: see also · confidence low
Burroughs & Chapin Co. v. South Carolina Dep’t of Transp., 352 S.C. 535 , 574 S.E.2d 751 (Ct.App.2002); see also State v. Todd, 290 S.C. 212 , 349 S.E.2d 339 (1986) (when reviewing jury charge for error, Court must consider charge as a whole); see also Welch v. Epstein, 342 S.C. 279 , 536 S.E.2d 408 (Ct.App.2000) (when reviewing jury charge for alleged error, appellate court must consider charge as a whole in light of evidence and issues presented at trial).
Retrieving the full opinion text from the archive…
The STATE, Respondent
v.
Larry Randall TODD, Appellant
22616.
Supreme Court of South Carolina.
Oct 6, 1986.
349 S.E.2d 339
1986 S.C. LEXIS 427
J. M. Long, Jr., Conway, George M. Hearn, Jr., and Kaye Gorenflo Hearn, of Stevens, Stevens, Thomas, Hearn & Hearn, Loris, for appellant., Atty. Gen. T. Travis Medlock, Asst. Attys. Gen. Harold M. Coombs, Jr., and Amie L. Clifford, Columbia and Sol. James 0. Dunn, Conway, for respondent.
Finney, Ness, Gregory, Harwell, Chandler.
Cited by 36 opinions  |  Published
3 passages pin-cited by 5 cases
Pinpoint authority: #30,893 of 633,719
Citer courts: Supreme Court of South Carolina (4) · Court of Appeals of South Caro… (4)
Finney, Justice:

Appellant was convicted of murder and assault with intent to commit criminal sexual conduct in the first degree, and was sentenced to life imprisonment plus thirty (30) years. We affirm.

Appellant alleges the trial court erred: (a) In the admission of a photograph of the victim’s body, (b) in allowing reply testimony, (c) in its instructions to the jury on voluntary intoxication and (d) in the supplemental charge to the jury.

Over appellant’s objection, the trial court permitted the state to placé into evidence a black and white photograph of the victim’s right upper chest with the breast exposed showing the location of the bullet wound. Appellant contends the admission of this photograph was unnecessary because the location of the wound was uncontested. He asserts that the photograph was inflammatory and its admission prejudicial to him since he was also on trial for assault with intent to commit criminal sexual conduct.

[*214] The determination of the relevancy and materiality of a photograph is left to the sound discretion of the trial judge. State v. Livingston, 282 S. C. 1, 317 S. E. (2d) 129 (1984). A photograph should be excluded if it is calculated to arouse the sympathy or prejudice of the jury or is irrelevant or unnecessary to substantiate facts. State v. Middleton, 288 S. C. 21, 339 S. E. (2d) 692 (1986). There is no abuse of discretion if the offered photograph serves to corroborate testimony. Id. The photograph at issue here corroborated the pathologist’s testimony regarding the location of the bullet wound. The appellant was not prejudiced by its introduction because there was explicit testimony that the victim’s blouse and brassiere had been removed by medical personnel when they arrived at the scene in order to administer medical aid.

Appellant next contends the trial judge erred in allowing the state to call Ms. Lynn Clayton as a reply witness because her testimony was not in response to defense testimony. The admission of reply testimony is within the sound discretion of the trial judge, and there is no abuse of discretion if the testimony is arguably contradictory of and in reply to earlier testimony. State v. Stewart, 283 S. C. 104, 320 S. E. (2d) 447 (1984). Ms. Clayton’s testimony directly contradicted part of appellant’s testimony that he had not wrecked his truck prior to the shooting. Thus, there was no error in admitting the reply testimony.

Appellant also alleges the trial judge erred in charging the jury on the law of voluntary intoxication because intoxication was not a defense. The law to be charged is determined from the evidence presented at trial. State v. Damon, 285 S. C. 125, 328 S. E. (2d) 628 (1985). There was some evidence showing the appellant had been drinking prior to the shooting. Therefore, we find no prejudicial error in the trial court’s charge to the jury on the law of voluntary intoxication.

Finally, appellant alleges errór in the trial judge’s supplemental charge to the jury regarding the degrees of criminal sexual conduct. He argues that the language of the supplemental charge reduced the state’s burden of proof. When reviewing a jury charge for error, this Court must consider the charge as a whole. State v. [*215] Norris, 285 S. C. 86, 328 S. E. (2d) 339 (1985). The trial judge emphasized throughout his initial jury charge that the state had the burden of proof beyond a reasonable doubt. In our view, the language objected to in the supplemental charge was not misleading or confusing and did not constitute prejudicial error.

We affirm the rulings of the trial court.

Affirmed.

Ness, C. J., and Gregory, Harwell and Chandler, JJ., concur.