State v. Kimbrell

294 S.C. 51, 362 S.E.2d 630 (1987)

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Nature of the Case

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Facts

Kimbrell (D1) was the wife of Gene Kimbrell (D). D1 was present in her mobile home when her husband negotiated the sale of marijuana and cocaine with an undercover police officer. The cocaine was in the kitchen, and the marijuana was outside. When D and the officer went outside, D knocked on the bedroom door and told D1 to watch the cocaine. When D returned, D1 went back inside the bedroom with her pocketbook. When the bust was conducted, D1 was found inside the bedroom with a pistol inside her pocketbook. At trial, D1 offered an instruction that her mere presence at the sale was insufficient to sustain a conviction. D1 was convicted, and she appealed.