State v. PulleyState v. Pulley
The appellant, Grover Tojo Pulley, was indicted for a violation of section 1165 of the Code, which makes it un
The evidence shows that he had in his possession, among other things, dynamite fuses and caps, a large and a small crowbar, an auger and bit, a small keyhole flashlight, tweezers, a cord described as a “strangle cord”, a rubber syringe, a quantity of cotton, a large flashlight, an all metal screw driver, two metal punches, a pair of cotton gloves, adhesive tape, and a number of keys of various kinds.
Some of these articles are specifically named in the criminal statute. The testimony of the law enforcement officers was that all of them were adapted to use in various activities connected with housebreaking and safe cracking. They need not have been originally designed for a burglarious purpose, if they are suitable for breaking and entering. 12 C. J. S., Burglary, § 69, page 753;
There was a reasonable conclusion to be drawn from the evidence that the appellant had an intent to use these articles in the commission of crime. It is true that many of these things could be put to a lawful use, but it is not reasonable to suppose that a person, without criminal intent, would be driving about with such an assorted and rather complete collection of things, all of which are commonly used by a burglar or safe blower. The defendant had his automobile equipped with two carburetors, and especially adjusted for quick starting and great speed. He picked up a man named Earl Jackson near Spartanburg and tried to persuade him to help him “on a job.” He told him that his name was James C. Perkins. Pie spoke to him of certain old persons in
The defendant offered no testimony at all.
In view of the evidence, we think that the trial Judge properly refused to direct a verdict of not guilty, and that he wisely exercised his discretion in overruling the motion for a new trial.
The appellant next contends that there was error on the part of the Circuit Judge in failing to tell the jury the maximum sentence which could be imposed. Judge Griffith did inform the jury that the sentence was within the discretion of the court. In charging the law as to this offense we do not think that it was necessary for the Judge to tell the jury what the limits of punishment were. No request was made by the defendant for a more detailed charge. The function of the jury was to say whether the defendant was guilty or not guilty. The jurors were not concerned with the punishment fixed by the law, nor with the discretion of the Court in deciding upon the sentence.
Another exception alleges that the Circuit Judge erred in his charge made to the jury, after they reported that they were unable to agree, by telling them
After reading the statute again at the request of one of the jurors, the Judge further stated: “All right, gentlemen, you may retire and see if you cannot reach a verdict. If you find that you cannot, are convinced that it is impossible to get together, knock on the door and we will bring you back in and discharge you, but I do ask that you make every possible effort to decide this case at this time. You may retire.”
It is the duty of a Circuit Judge to urge the jury to agree upon a verdict, provided he does not coerce them. The trial of this case took only about six hours,
Expressions quite similar to the one complained of were considered by the Court in the cases of
State v. Dawson,
203 S. C. 167,
In the present case we do not think that it can be said that Judge Griffith coerced the jury into finding the verdict.
The final point raised by the appellant is that the sentence of ten years was unduly severe. The statute in question provides for punishment in the discretion of the court. No minimum or maximum punishment is fixed. The discretion of the trial Judge is, of course, subject to the constitutional provision relating to cruel and unusual punishment. Constitution of 1895, Article 1, Section 19. The sentence here does not violate the constitution, and is not 'in conflict with the provisions of section 1038 of the Code, which embraces misdemeanors as well as other crimes. “Only rare and unusual circumstances will this Court interfere with the discretion of the trial judge in the imposition of a sentence.”
State v. Kimbrough,
212 S. C. 348,
In our opinion there was no abuse of the discretion which is confided in the Circuit Judge. The appellant was not a first offender, but the record shows that he had been convicted of murder in North Carolina, and had been given a sentence of from 28 to 30 years. He had been placed on parole, and this had been revoked at the time of the present incident. He had also been convicted of housebreaking and larceny. No doubt the trial Court took that into consideration in assessing the punishment.
All of the exceptions are overruled, and the judgment appealed from is
Affirmed.