Opinion
Appellate Case No. 2016-000843 Unpublished Opinion No. 2018-UP-439
12-05-2018
The State, Respondent, v. Theia Darion McArdle, Appellant.
Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia; and Solicitor David Matthew Stumbo, of Greenwood, all for Respondent.
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. Appeal From Newberry County
Frank R. Addy, Jr., Circuit Court Judge
AFFIRMED
Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia; and Solicitor David Matthew Stumbo, of Greenwood, all for Respondent. PER CURIAM : Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State v. Bailey, 368 S.C. 39, 44, 626 S.E.2d 898, 901 (Ct. App. 2006) ("On appeal from the denial of a directed verdict, an appellate court must view the evidence in the light most favorable to the State."); id. at 44-45, 626 S.E.2d at 901 ("When ruling on a motion for a directed verdict, the trial court is concerned with the existence of evidence, not its weight."); S.C. Code Ann. § 16-3-85(A)(1) (2015) ("A person is guilty of homicide by child abuse if the person . . . causes the death of a child under the age of eleven while committing child abuse or neglect, and the death occurs under circumstances manifesting an extreme indifference to human life."); State v. Lollis, 343 S.C. 580, 584, 541 S.E.2d 254, 256 (2001) ("If there is any direct evidence or any substantial circumstantial evidence reasonably tending to prove the guilt of the accused, an appellate court must find the case was properly submitted to the jury."); State v. Nesmith, 213 S.C. 60, 67, 48 S.E.2d 595, 598 (1948) ("Direct evidence is testimony, which if believed, tends directly to prove a fact in issue. Circumstantial evidence on the other hand, while not tending directly to prove a fact in issue[,] gives rise to a legal inference that such a fact does exist."). AFFIRMED. LOCKEMY, C.J., and THOMAS and GEATHERS, JJ., concur.
We decide this case without oral argument pursuant to Rule 215, SCACR. --------