Decided Jan. 7, 1986.




Appellants Kirk Leonard and Richard Harrison, Jr. were jointly indicted, tried and convicted of reckless homicide due to the death of Jerrilynn Myra Blount following an automobile collision. In addition, Leonard was convicted of 


Both of the appellants raise the issues of whether the trial judge's instructions erroneously indicated that both men could be convicted of reckless homicide as principals and whether the trial judge erred in failing to submit to the jury special interrogatories for a finding as to which appellant was the driver of the car. Harrison raises two other issues: (1) whether the court erred in denying his motion to disregard all evidence of a blood alcohol test because an expert witness did not testify concerning the results; and (2) whether the court erred in denying his motion for a mistrial based upon Leonard's attorney's statements during closing argument. Leonard raises several other issues: (1) whether the court erred in denying his motion for severance and separate trials; (2) whether the trial judge erred in not granting his motion for a continuance to secure the testimony of an out-of-state witness; (3) whether the court of general sessions had subject-matter jurisdiction over the 


The evidence in the case may be summarized as follows.




On the evening of April 19, 1985, Harrison met his friend Leonard and they decided to spend a night out on the town.


Leonard was broke so Harrison loaned him money for beer and gasoline to fuel his car. The appellants had a beer before they picked up four other friends. Then the group consumed a six pack as Leonard drove to the Dry Gulch Saloon in Richland County. They stayed at the Dry Gulch from 11:00 P.M. to 2:30 or 3:30 A.M. Everyone was drinking and there was testimony that the revelers smoked marijuana. From the Dry Gulch the group went to two convenience stores where they purchased more beer. Harrison directed Leonard to a secluded spot where the group drank until sunrise. Then, with Leonard still driving the four friends were dropped off at a Kroger supermarket and the appellants rode off by themselves.




The appellants talked about riding to Batesburg to find carpentry work and drove as far as Lexington before they decided to go home instead of driving to Batesburg. They stopped at a Red Diamond gas station and Harrison begrudgingly paid for more gas. When they left the gas station, heading for Harrison's home, Leonard was behind the wheel. Shortly thereafter, Leonard's car crossed the median and struck Mrs. Blount's car head-on. She was killed instantly. Harrison was injured and did not know that Mrs. Blount had died when, at the scene, he told Officer Steven Smith that he had been driving. At trial, however, testimony conflicted as to the identity of the driver at the time of the collision. Each appellant accused the other.




The day after the accident, Officer John Valderio interviewed Leonard who told him that he was not sure who drove the car away from the Red Diamond gas station. Leonard did not mention anything to him about changing seats with Harrison even though he testified to this effect at trial. He also testified that he did not tell anyone that his driving caused the accident. This testimony was contradicted by William Warren Wiggins, Leonard's elementary school classmate. Wiggins testified that he happened to meet Leonard in a doctor's office soon after the wreck. Leonard was there seeking treatment for his injuries. According to Wiggins, they conversed for about twenty minutes


Evidence introduced at trial included expert testimony from SLED officers employed in the chemistry laboratory. Their testimony is Harrison's b

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