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
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