State v. Stone
State v. Stone
Opinion of the Court
1. The municipal court committed no error in not directing a verdict of not guilty on the ground the State failed to carry its burden of proving the elements of the offense charged. The State met its burden of proof.
S.C. Code Ann. § 20-7-370 declares “[i]t... unlawful for any person under the age of twenty-one to . . . knowingly have in his possession, any beer... .” The statute also declares “[a]ny such possession is prima facie evidence that it was knowingly possessed.” A person is in actual possession of beer when the beer is found to be in the person’s actual physical custody. Cf. State v. Ellis, 263 S.C. 12, 207 S.E. (2d) 408 (1974) (actual possession of narcotic drugs occurs when the drugs are found in the actual physical custody of the person charged with possession). For the purpose of § 20-7-370, a person “knowingly possess[es]” beer if he consciously and voluntarily has control of it, however briefly. See 48 C.J.S. Intoxicating liquors § 266 at 783 (1981) (“ ‘To possess’ means to have the actual dominion, control, care, and management of the liquor.”).
Here, the State offered evidence, when viewed, as it must be, in the light most favorable to the State, that the defendants knowingly and voluntarily had in their possession a quantity of beer at a time when they were each under the age of twenty-one. A police officer observed each defendant toting either a twenty-four pack or two twelve-packs of beer as they walked through a parking lot on Clemson University property. Identification produced at the scene revealed each defendant to be under the age of twenty-one. See Tuten v. State, 36 Ga. App. 662, 137 S.E. 853 (Ga. Ct. App. 1927) (a conviction for unlawful possession was proper even though the accused had the liquor in his possession only to pass it to another for a drink).
2. We regard without merit the defendants’ contention they were entitled to a directed verdict because the burden was on the State to prove the defendants were not employees of the beer owner, a person old enough to lawfully possess the beer.
3. There is no merit to the defendants’ complaints regarding the municipal court’s treatment of their requested instructions. The defendants wanted the municipal court to give the jury the following instructions: the alcohol possession statute had no application to an employee lawfully engaged in the delivery of beer while the beer was in an unopened container; the State had to prove beyond a reasonable doubt each defendant intended to control the disposition or use of the beer; the State had to prove beyond a reasonable doubt each defendant was not an employee of the beer owner; an employer-employee relationship could exist even though the purposed employee neither expected nor was entitled to compensation; and the test determining whether an employer-employee relationship existed was whether the purported employer had the right or power to direct and control the purported employee in the performance of his work and how it was to be done.
The municipal court charged the entire statute to the jury, including the portion of the statute that states the statute “does not apply to any employee lawfully engaged in the sale or delivery of any such beverage in an unopened container.” The municipal court further instructed the jury to consider the element of control in determining the question pf possession and specifically mentioned the language “the intent to control its disposition or use” that appears is Judge Ervin’s book, the authority cited by the defendants for their request to charge. TOM J. ERVIN, ERVIN’S SOUTH CAROLINA
4. The defendants’ contention that they were entitled to a new trial because the municipal court gave the jury a confusing charge is also without merit. We have read the entire charge and do not find it confusing in the least. See State v. Sims, 304 S.C. 409, 422, 405 S.E. (2d) 377, 384 (1991), cert. denied, 502 U.S. 1103, 112 S.Ct. 1193, 117 L.Ed. (2d) 434 (1992) (“Jury instructions must be considered as a whole and if as a whole, they are free from error, any isolated portions which might be misleading do not constitute reversible error.”).
As to the defendants’ argument that the charge was confusing because one juror had a question following the verdict, the record shows each juror, including the one with the question, answered plainly and without equivocation when the municipal court polled the jury about the verdict. The juror’s unambiguous and unequivocal response of “Guilty” when she was polled cured any doubt regarding whether she assented to the verdict and cleared up any confusion that may have made her reluctant to go along with the verdict at first. See State v. Roper, 274 S.C. 14, 260 S.E. (2d) 705 (1979) (if a juror’s answers leave doubt as to whether the juror has assented to the verdict but do not otherwise indicate involuntariness or coercion, a subsequent answer indicating clear and unequivocal assent will generally cure the defect).
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.