State v. Kimbrell
South Carolina Supreme Court
362 S.E.2d 630 (1987)
A confidential informant arranged for undercover officer O'Donald to buy cocaine from suspected dealer Gene Kimbrell at Gene's mobile home; Gene's wife, Vicki Kimbrell (defendant), was present but didn't participate in that sale. Officers later planned a buy-bust operation; wearing a hidden transmitter, O'Donald saw cocaine on a plate in the kitchen, and when Gene led him toward the back door to check marijuana in his truck, Gene stopped to tell Vicki to watch the cocaine on the table while they stepped outside. Vicki then moved between the bedroom and kitchen during this time and, when the bust began, ran out shouting that a car had arrived before running back into the bedroom. Vicki was charged with trafficking cocaine; the trial court denied her motion for a directed verdict and refused her requested jury instruction that mere presence isn't enough to convict. She was convicted and appealed.
Whether a South Carolina trial court commits reversible error by refusing to instruct the jury that a defendant's mere presence, without more, is insufficient to convict on a charge of trafficking cocaine.