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State v. Hallman

Supreme Court of South Carolina
Apr 10, 1989
298 S.C. 172 (S.C. 1989)

Summary

holding the defendant's sexual abuse of four unrelated foster daughters demonstrated a common scheme or plan when the abuse of each girl occurred generally on the defendant's property, despite the fact that some of the victims were only abused indoors (in the bedroom and bathroom), while others were primarily abused outside (in the barn, on the tractor, or while riding a pony)

Summary of this case from State v. Perry

Opinion

22998

Heard March 6, 1989.

Decided April 10, 1989.

W. Gaston Fairey, of Fairey Parise, P.A. and S.C. Office of Appellate Defense, Columbia, for appellant. T. Travis Medlock, Atty. Gen., Harold M. Coombs, Jr., Asst. Atty. Gen. and Gwendolyn L. Fuller, Staff Atty., Columbia, and Donald V. Meyers, Sol., Lexington, for respondent.


Heard March 6, 1989.

Decided April 10, 1989.


Appellant was convicted of first degree criminal sexual conduct with a minor and attempting to commit a lewd act upon a minor. He was sentenced to concurrent terms of thirty years and ten years respectively. We affirm.

The alleged sexual abuse in this case took place while the victim was a foster child in appellant's home. At trial, the judge allowed the testimony of three other young women regarding sexual abuse allegedly perpetrated by appellant against them during the time they were foster children in appellant's home. Appellant contends the admission of this testimony was error.

Evidence of prior bad acts is generally not admissible to prove the crime for which the defendant is charged. Such evidence is admissible, however, if it tends to show a common scheme or plan and its close similarity to the charged offense enhances its probative value so as to outweigh its prejudicial effect. State v. Rogers, 293 S.C. 505, 362 S.E.2d 7 (1987); State v. McClellan, 283 S.C. 389, 323 S.E.2d 772 (1984); State v. Rivers, 273 S.C. 75, 254 S.E.2d 299 (1979); State v. Lyle, 125 S.C. 406, 118 S.E. 803 (1923).

The victim in this case testified the sexual abuse began a few months after her arrival at the Hallman home in 1979 and stopped shortly before she left in 1981. She was between the ages of seven and nine years during this time. At first, appellant rubbed her body outside her clothing. He then began penetrating her vagina with his finger. This usually occurred in the barn or while riding on the tractor. In the summer, it occurred daily. Appellant performed cunnilingus on her outdoors in a field nearby. On other occasions, appellant forced her to rub his penis. He would also remove her clothes "and get on top of [her] and then he'd stick his penis between [her] legs." These events would occur in the bathroom or bedroom.

Evidence of the prior bad acts includes the testimony of two sisters who were foster children in the Hallman home from 1972 to 1977. One sister was six to twelve years old and the other was seven to thirteen years old during this time. Both testified sexual abuse began shortly after they arrived at the Hallman home and continued until shortly before they left. At first appellant would rub their bodies outside their clothing. He then began digital penetration. He forced each girl to rub his penis. These events occurred in the bedroom, the barn, or during rides on the tractor or pony. It happened most frequently in summer. Neither knew of the other's abuse until years later.

Another young woman testified she lived in the Hallman home from 1978 to 1979 when she was four years old. Appellant forced her to rub his penis on four occasions, twice in the bedroom and twice in the bathroom.

The question whether the probative value of this evidence outweighs its prejudicial effect hinges on the degree of similarity between the prior acts and the offense charged. Evidence of a common scheme or plan is admissible if it embraces two or more crimes so related to each other that proof of one tends to establish the others. State v. Lyle, supra. The prior bad acts here occurred while each of the young women was a foster child to appellant and of similar age to the victim. In each instance, appellant took advantage of this relationship for his sexual gratification. The extent of abuse against the victim was even more reprehensible than that against the previous foster children. It commenced, however, in exactly the same manner under similar circumstances. We find the evidence of prior bad acts bears such a close similarity to the offense charged in this case that its probative value clearly outweighs its prejudicial effect. We hold there was no error in the admission of this evidence.

Next, appellant contends the trial judge erred in limiting the testimony of character witnesses. Appellant testified that he did not commit the alleged abuse. He also offered three character witnesses. On direct examination, counsel attempted to ask the first witness if he knew appellant's "reputation in the community for morality." The trial judge sustained the solicitor's objection and limited the inquiry to appellant's "reputation in the community for truth and veracity." Appellant claims this was error.

This Court has never limited character trait evidence. Appropriate proof of character is to establish the defendant's general reputation as to the particular trait involved. 32 C.J.S. Evidence § 434 (1964). The trial judge improperly limited the inquiry to reputation for truth and veracity.

We find this error harmless beyond a reasonable doubt. The character witnesses testified that appellant did have a good reputation for truth and veracity. This character evidence supported appellant's own testimony that he did not commit the alleged abuse.

Appellant's remaining exceptions are disposed of pursuant to Supreme Court Rule 23. Accordingly, the judgment of the circuit court is

Affirmed.

HARWELL, CHANDLER, FINNEY and TOAL, JJ., concur.


Summaries of

State v. Hallman

Supreme Court of South Carolina
Apr 10, 1989
298 S.C. 172 (S.C. 1989)

holding the defendant's sexual abuse of four unrelated foster daughters demonstrated a common scheme or plan when the abuse of each girl occurred generally on the defendant's property, despite the fact that some of the victims were only abused indoors (in the bedroom and bathroom), while others were primarily abused outside (in the barn, on the tractor, or while riding a pony)

Summary of this case from State v. Perry

holding the trial court properly admitted evidence of a bad act that occurred seven years prior to the charged crime

Summary of this case from State v. Scott

holding the trial court properly admitted evidence of a bad act that occurred seven years prior to the charged crime

Summary of this case from State v. Scott

finding admissible a pattern of abuse involving the defendant's sexual abuse of his foster daughters, even though some of the daughters were abused to a greater extent than others and they were all different ages, ranging from four to thirteen

Summary of this case from State v. Perry

finding victims aged four to seven when the abuse began—and four to thirteen when the abuse ended—were similar enough in age to admit prior bad acts testimony

Summary of this case from State v. Perry

In Hallman, the defendant, who was convicted of first degree criminal sexual conduct with a minor and attempting to commit a lewd act upon a minor, asserted the trial court erred in limiting the testimony of his character witnesses.

Summary of this case from State v. Mizell

In State v. Hallman, 298 S.C. 172, 379 S.E.2d 115 (1989), our supreme court again upheld the admission of prior bad acts against a defendant who abused several children.

Summary of this case from State v. Adams

In Hallman, the earliest of the alleged prior bad acts occurred some seven years before the first acts committed against the victim.

Summary of this case from State v. Blanton
Case details for

State v. Hallman

Case Details

Full title:The STATE, Respondent v. Morgan J. HALLMAN, Appellant

Court:Supreme Court of South Carolina

Date published: Apr 10, 1989

Citations

298 S.C. 172 (S.C. 1989)
379 S.E.2d 115

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