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Kennedy v. Griffin2/3/2004
v. State, 312 S.C. 179, 183, 439 S.E.2d 820, 822 (1993) ("[W]e cannot say beyond a reasonable doubt the jury did not base its verdict on the erroneous jury charge... Because there is a reasonable possibility that the error contributed to the verdict, we REVERSE.").
CONCLUSION
The trial judge in this case erred in allowing the admission of blood test results showing the presence of an unmeasured amount of marijuana in Kennedy's system absent any other evidence indicating Kennedy was under the influence or driving under an impairment. Similarly, the trial judge erred in charging the jury on negligence per se when there was no evidence that Kennedy was driving "under the influence." The trial judge should have granted Kennedy's motion for a new trial. Accordingly, the jury's verdict is REVERSED and the matter is REMANDED for a new trial.
REVERSED AND REMANDED.
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