State v. Rosemond, 356 S.C. 426

Summary

The Supreme Court of South Carolina considered whether Jerry Rosemond was entitled to a directed verdict on a charge of strong armed robbery. The court held that evidence showing the defendant glared at the victim and forcibly opened a heavy cash register was sufficient to support robbery by force or intimidation. The court affirmed the judgment as modified and held that the defendant's subsequent conduct toward arresting officers was irrelevant to whether force or intimidation existed at the time of the taking.

Holdings

1. The trial court properly denied the directed-verdict motion because the evidence, viewed in the light most favorable to the State, supported a finding that Rosemond took the money from the clerk's immediate presence by force and intimidation.
2. Subsequent actions occurring during arrest are irrelevant to determining whether the defendant used force or intimidation when committing the robbery.

Questions Presented

1. Whether the evidence was sufficient to deny Rosemond's motion for a directed verdict on the charge of strong armed robbery.
2. Whether the Court of Appeals improperly relied on Rosemond's subsequent conduct toward arresting officers in evaluating whether the robbery was accomplished by force or intimidation.

Disposition

affirmed