Wednesday, June 20, 2007

S.C. Court of Appeals issues hand of one opinion

In State v. Thompson, Thompson challenged the hand of one charge which led to his conviction. Testimony in this case established that the codefendant, Sturkey, entered the apartment without permission, during the nighttime, with a gun, and intended to commit the crime of armed robbery. Thompson was implicated in the common plan or scheme because there was evidence that Thompson asked a co-defendant if she knew of a "lick" (i.e., someone to rob), then later spoke to her on the phone about a possible lick. The evidence further established Thompson then showed up with Sturkey at the apartment complex where Harris informed him there was a possible lick, and Thompson was present in the vicinity while Harris and Sturkey planned the robbery.

Thus, under the hand of one is the hand of all theory of accomplice liability, acts committed by Sturkey were imputed to Thompson making him guilty of any acts done incidental to the execution of the common design or scheme of the crime.

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