Shearouse Adv. Sh. No.
S.E. 2d


THE STATE OF SOUTH CAROLINA

In The Supreme Court



State of South Carolina, Respondent,



v.



Darryl Lamont Holmes, Appellant.



Appeal From Greenville County

John W. Kittredge, Circuit Court Judge



Opinion No. 25189

Heard May 9, 2000 - Filed August 21, 2000.



REVERSED



J. Falkner Wilkes, of Meglic, Wilkes & Godwin, of

Greenville, for appellant.



Attorney General Charles M. Condon, Deputy

Attorney General John W. McIntosh, Assistant

Deputy Attorney General Donald J. Zelenka,

Assistant Attorney General Derrick K. McFarland, of

Columbia; and Solicitor Robert M. Ariail, of

Greenville, for respondent.







JUSTICE BURNETT: Darryl Holmes (appellant) appeals his

convictions for murder and conspiracy, asserting the trial court improperly

allowed the State to introduce prejudicial hearsay evidence against him. We

agree and reverse appellant's convictions.



p.528


State v. Holmes





FACTS



Appellant was indicted for murder, conspiracy, and felony accessory

before the fact for his alleged participation in the murder and attempted

robbery of George Lollis. The facts of this case are fully set out in State v.

Fuller, Op. No. 24961(S.C. Sup. Ct. filed Nov. 22, 1999) (Shearouse Adv. Sh.

No. 35 at 71). Appellant's alleged role in the crime involved driving Henry