holding where “[d]efense counsel asked Agent Powell on cross-examination whether the plastic was common place [sic] or specially made[, the] question opened the door for Powell’s response that it was used inside the aircraft to set bales of marijuana on.”
How later courts described this case
- holding where “[d]efense counsel asked Agent Powell on cross-examination whether the plastic was common place [sic] or specially made[, the] question opened the door for Powell’s response that it was used inside the aircraft to set bales of marijuana on.”
- noting where offenses charged in separate indictments are of same general nature, involving connected transactions closely related in land, place and character, trial judge has authority, in his discretion, to order indictments tried together over objection of defendant absent showing that defendant’s substantive rights were violated
- holding that an undercover agent serving as a lookout could arrest subjects without a warrant when he arrived at the drug-laden plane’s landing site
- applying an abuse of discretion standard of review when determining whether the trial court erred in permitting the State to recall a witness
Written by the judges who cited it.
Later courts went against this
Superseded in part by State v. Gilchrist, 342 S.C. 369 (2000)
277 S.C. 35, 46, 282 S.E.2d 838, 844 (1981), superseded in part by State v. Gilchrist, 342 S.C. 369, 536 S.E.2d 868 (2000).
The opinion
Littlejohn, Justice
(concurring and dissenting):
I concur with the majority opinion except as to that portion exonerating defendant George Gedra for lack of competent evidence connecting him to the conspiracy. Having reviewed the-course of events which transpired in this conspiracy, as presented at the trial below, I would affirm Gedra’s conviction by holding that there was sufficient evidence to require the jury -to pass upon Gedra’s guilt.
The Darlington County Airport is located near the small community of Dovesville; thus, the airport is commonly called the “Dovesville Airport.” Dovesville is situated on U. S. Highway 52 between Darlington and Society Hill. There is a paved main road which runs from Highway 52 into the airport. The airport has a couple of hangars, an office building, and three runways shaped in a triangle with one taxiway. Only one of the runways has lights for night use. No locks, gates or chains secure the entrance to the airport. Vehicles and/or planes may come and go at will.
Defendant Gedra has been the manager of this small community airport for approximately 35 years. On a typical work day, he would arrive about 10:30 a. m. and would leave around 5:00 p. m. He possessed one of only three keys to the airport office, from where the runway lights can be manually operated. Employees Stan White and Robert Stegner had the other two keys. White was tried in connection with this conspiracy and was convicted. I agree with the majority opinion that the evidence presented is insufficient to support his conviction. Neither White nor Stegner were present at the airport when the attempted smuggling and arrests occurred, as both had been removed from the airport premises by sending them to Columbia on an errand.
*52 Agent Mozingo’s role in the drag smuggling operation was to maintain surveillance over the airport vicinity in order to detect any activity potentially disruptive to the operation, such as other police activity. On December 11, 1978, Mozingo was told by Sullivan, the “mastermind” behind the conspiracy, that a delivery would occur the following morning. Accordingly, on December 12, Mozingo surveyed the area surrounding the airport in the morning hours between 2:45 and 7:20. Mozingo testified that while he did not hear or see any plane land, he did notice that the runway lights were turned out between 6:00 and 6:45 a. m., an unusual occurrence. Both Mozingo and defendant Etheridge testified that Sullivan said that Gedra was a part of “the Company,” and Etheridge further testified that Sullivan said that Gedra had been present at the airport that morning when the alleged delivery occurred on December 12.
The fateful delivery of marijuana finally occurred the morning of January 17, 1979, following numerous postponements. Sullivan told Mozingo that Gedra had been instructed to see that a mobile camper on the airport premises was removed by that date. Law enforcement personnel, continually being informed by Mozingo, were staked out the prior night near the airport. A SLED Agent who was positioned at the airport at 2:00 a. m. testified that someone driving a red pickup arrived at the airport office about 5:15 a. m., went inside, and turned on the office lights. The truck was later identified as Gedra’s. Defendant Etheridge testified that he was to telephone the airport office phone and relay a code word in the event any trouble arose.
Mozingo began his surveillance at 5:30 a. m. Thereafter, several vehicles entered the airport, some of which proceeded up and down the runway with their lights off. At approximately 6:15 a. m., Sullivan visited Mozingo, at which time Sullivan said that Gedra was at the airport. When a state helicopter began flying near the airport around 7:55 a. m., Mozingo saw Gedra and Sullivan looking and pointing at it. Mozingo allayed any fears by stating to Sullivan that the helicopter was privately owned. The marijuana-laden plane touched down about *53 8:15 a. m. Mozingo by radio notified the stationed law enforcement officials. While Gedra furnished the co-pilot with aeronautical charts from his office necessary to return the plane to its original base in Atlanta, a crew of about six men contemporaneously began unloading the marijuana bales from the plane, loading them into trucks, and then vacuuming the plane. At that point, Mozingo moved in and arrested those persons present. The other law enforcement personnel arrived almost simultaneously and began identifying the arrested persons. The majority of those arrested provided false identification.
Not seeing Gedra among those arrested, Mozingo went to the office. The door was locked and a “closed” sign displayed. Having called for Gedra without receiving any response, a SLED official kicked open the door. Following a short search inside, the officials found and arrested Gedra.
Further narration of the events is unnecessary. It is difficult to conceive of this undertaking being planned and effected without full assurance of the cooperation and participation on the part of the airport manager. I am satisfied that the trial judge was justified in denying Gedra’s motion for directed verdict and in subsequently allowing the jury to make the ultimate determination of Gedra’s involvement. Accordingly, I respectfully dissent from this portion of the majority opinion.
Gregory, J., concurs.