State v. McCloud
State v. McCloud
Opinion of the Court
Douglas Edward McCloud appeals his conviction for criminal domestic violence of a high and aggravated nature (CDVHAN), arguing the indictment did not enumerate the elements of the offense and was therefore insufficient to confer subject matter jurisdiction on the trial court. We affirm.
The indictment was captioned “INDICTMENT FOR CRIMINAL DOMESTIC VIOLENCE — AGGRAVATED.” The body of the indictment read as follows: “That Douglas Edward McCloud did in Fairfield County on or about June 16, 2000 commit an act of violence against Kermisha L. Golden, by striking her in [the] face with his closed fist, also hit her in [the] head and pulled her hair an[d] scratched her neck.” The indictment concluded with the standard phrase “[a]gainst the peace and dignity of the State and, contrary to the statute in such case made and provided.”
When the case was called for trial on October 26, 2000, McCloud failed to appear and was tried in his absence. The jury found him guilty, and a bench warrant was issued for his arrest. On April 19, 2001, McCloud was brought before the
1. McCloud first argues that the indictment was deficient because it failed to allege that the victim was a “household member.” We disagree.
South Carolina Code section 16-25-20 provides that “[i]t is unlawful to: (1) cause physical harm or injury to a person’s own household member, (2) offer or attempt to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.”
At trial, Golden testified that McCloud had been her boyfriend for six years and they had a three-year-old child together. Admittedly, however, the indictment does not allege that Golden was McCloud’s “household member” or otherwise set forth the criteria that would accord her this status. Nevertheless, we believe this deficiency did not deprive the trial court of jurisdiction to hear the case.
“An indictment is adequate if the offense is stated with sufficient certainty and particularity to enable the court to know what judgment to pronounce, the defendant to know what he is called upon to answer, and acquittal or conviction to
Here, the pretrial surrounding circumstances of this case do not warrant dismissing the indictment. Although the indictment failed to allege that Golden was McCloud’s household member or specify how she would qualify as such, there was no dispute either at trial or on appeal that she was the alleged victim in this case and had “a child in common” with McCloud.
2. We further reject McCloud’s argument that the indictment failed to specify circumstances of aggravation necessary to establish CDVHAN. Among other things, the indictment alleged that McCloud struck the victim in the face with his closed fist, hit her in the head, pulled her hair, and scratched her neck. Furthermore, the arrest warrant contained an affidavit stating the victim suffered swelling and bruising to her right eye and had to seek medical attention at the hospital. Finally, it is apparent from the indictment that there was a difference in gender between McCloud and Golden, as evidenced by the allegation that McCloud committed an act of violence against Golden “by striking her in [the] face with his closed fist” [emphasis added]. These averments in the indictment, when considered with the surrounding circumstances that had surfaced before the commencement of the trial, were sufficient to notify McCloud that he was charged with causing serious bodily injury to the victim.
AFFIRMED.
. S.C.Code Ann. § 16-25-20 (2003). This statute was last amended in 1994. 1994 S.C. Acts 519, § 1.
. S.C.Code Ann. § 16-25-10 (2003).
. Id. § 16-25-65(A).
. State v. Crenshaw, 274 S.C. 475, 477, 266 S.E.2d 61, 62 (1980).
. State v. Adams, 277 S.C. 115, 125, 283 S.E.2d 582, 588 (1981) (emphasis added), oveiruled on other grounds by State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991).
. State v. Wade, 306 S.C. 79, 86, 409 S.E.2d 780, 784 (1991).
. See State v. Reddick, 348 S.C. 631, 560 S.E.2d 441 (Ct.App. 2002) (holding that an indictment alleging the defendant threw bodily fluids on a correctional officer but failing to specify that he was an "inmate” was sufficient to vest the trial court with subject matter jurisdiction because there was no confusion regarding his status as an inmate), cert. denied (Oct. 11, 2002).
. Adams, 277 S.C. at 126, 283 S.E.2d at 588.
. See S.C.Code Ann. § 16-25-65(C) (2003) (stating the statute creates "a statutory offense of criminal domestic violence of a high and aggra
. State v. Wilkes, 353 S.C. 462, 466, 578 S.E.2d 717, 719 (2003).
. See State v. Wright, 349 S.C. 310, 312 n. 1, 563 S.E.2d 311, 312 n. 1 (2002) (noting that CDVHAN incorporates the elements of ABHAN, including "circumstances of aggravation,” which include "infliction of serious bodily injury” and "a difference in gender" between the defendant and the victim).
Dissenting Opinion
dissenting.
Because I believe the language of McCloud’s indictment did not sufficiently state the offense of criminal domestic violence
The majority concludes McCloud’s indictment is sufficient because they find, in evaluating the circumstances surrounding the indictment, he was apprised of the charge against him. However, as I interpret South Carolina precedent regarding indictments and subject matter jurisdiction, the body of the indictment must sufficiently identify the elements of the charged offense. See, e.g., Locke v. State, 341 S.C. 54, 56, 533 S.E.2d 324, 325 (2000) (holding “[a] circuit court has subject matter jurisdiction if ... there has been an indictment which sufficiently states the offense____”) (emphasis added); Granger v. State, 333 S.C. 2, 4, 507 S.E.2d 322, 323 (1998) (finding the true test of the sufficiency of an indictment is whether it contains the elements of the offense and sufficiently apprises the defendant of what he must be prepared to meet) (emphasis added). As such, McCloud’s indictment for CDVHAN is clearly insufficient, as it neither identifies the victim as a household member nor specifically alleges an aggravating circumstance.
The elements of CDVHAN are satisfied when an individual causes physical harm to a household member and the elements of assault and battery of a high and aggravated nature (ABHAN) are present. S.C.Code Ann. §§ 16-25-20,16-25-65 (2003). “A ‘household member’ means spouses, former spouses, parents and children, persons related by consanguinity or affinity within the second degree, persons who have a child in common, and a male and female who are cohabiting or formerly have cohabited.” S.C.Code Ann. § 16-25-10 (2003). As the majority acknowledges in its opinion, McCloud’s indictment clearly fails to allege the victim’s status as a “household member,” an element necessary to sustain an indictment for CDVHAN. While McCloud and the victim have a child together, this fact is not stated in the indictment. Thus, the key element necessary for a proper CDVHAN indictment is missing.
There is no mention of the statute or code section in either the body of the indictment or the caption. Thus, the elements cannot be implied in that manner. See, e.g., State v. Owens, 346 S.C. 637, 649, 552 S.E.2d 745, 751 (2001) (holding the
Therefore, all that should be examined in this particular situation is the actual body of the indictment itself. See Tate v. State, 345 S.C. 577, 581, 549 S.E.2d 601, 603 (2001) (finding it is the body of the indictment that is controlling). In the instant case, the body of the indictment alone does not sufficiently describe the elements needed for a CDVHAN offense. In fact, the description of the offense in the body of McCloud’s indictment is sufficiently vague that it could satisfy the elements of either ABHAN
For the foregoing reasons, I would vacate McCloud’s conviction for CDVHAN.
. State v. Fennell, 340 S.C. 266, 274, 531 S.E.2d 512, 516 (2000) (defining ABHAN as "the unlawful act of violent injury to another, accompanied by circumstances of aggravation.”).
. State v. Patterson, 337 S.C. 215, 231, 522 S.E.2d 845, 853 (Ct.App. 1999) (holding simple assault and battery is an unlawful act of violent injury to another unaccompanied by any circumstances of aggravation).
Reference
- Full Case Name
- The STATE, Respondent, v. Douglas Edward McCLOUD, Appellant
- Cited By
- 4 cases
- Status
- Published