(concurring and dissenting):
Judge Stilwell’s opinion concludes the circumstantial evidence reasonably tended to prove Cherry’s intent to distribute, and the trial judge properly denied the motion for directed verdict. I respectfully disagree and would reverse the conviction. Judge Stilwell’s opinion also concludes the recom*312mended jury charge from State v. Grippon8 was legally sufficient, and the trial judge did not err in refusing the more extensive circumstantial evidence charge approved in State v. Edwards.9 I agree with Judge Stilwell on this point and concur in that portion of his opinion.
Directed Verdict
Cherry asserts the State failed to present any direct or substantial circumstantial evidence to establish that he intended to distribute the crack cocaine. I agree.
When construing a motion for directed verdict in a criminal case, the trial court is concerned with the existence or nonexistence of evidence, and not its weight. State v. Mitchell, 341 S.C. 406, 409, 535 S.E.2d 126, 127 (2000). A defendant is entitled to a directed verdict when the State fails to produce evidence of the charged offense. State v. Lollis, 343 S.C. 580, 584, 541 S.E.2d 254, 256 (2001). “On appeal from the denial of a directed verdict, this Court must view the evidence in the light most favorable to the State.” Id. at 583, 541 S.E.2d at 256.
If the State relies exclusively on circumstantial evidence to prove the offense, “[t]he trial judge is required to submit the case to the jury if there is any substantial evidence which reasonably tends to prove the guilt of the accused, or from which his guilt may be fairly and logically deduced.” Id., at 584, 541 S.E.2d at 256 (quoting Mitchell, 341 S.C. at 409, 535 S.E.2d at 127). Evidence which merely raises a suspicion of guilt is not sufficient to survive a motion for directed verdict. State v. Martin, 340 S.C. 597, 533 S.E.2d 572 (2000). “ ‘Suspicion’ implies a belief or opinion as to guilt based upon facts or circumstances which do not amount to proof.” Lollis, 343 S.C. at 584, 541 S.E.2d at 256.
The State’s case depended entirely upon circumstantial evidence. This evidence10 included the following: 1) Cherry’s *313arrest occurred late at night; 2) Cherry had a small bag containing approximately eight rocks of crack cocaine; 3) Cherry had no pipe or other drug paraphernalia which would indicate the crack cocaine was for his personal use; 4) Cherry had $322 in cash, mostly in twenty dollar bills; and 5) The arresting officer testified a single rock of crack cocaine is typically sold for twenty dollars.
In cases where the defendant possesses more than one gram of crack cocaine, there is a permissible statutory inference of intent to distribute. S.C.Code Ann. § 44-53-375 (Supp.2000). In the present case, the State could not rely on this statutory inference. See State v. Simpson, 275 S.C. 426, 272 S.E.2d 431 (1980). However, “[possession of any amount of controlled substance when coupled with sufficient indicium of intent to distribute will support a conviction for possession with intent to distribute.” State v. Goldsmith, 301 S.C. 463, 466, 392 S.E.2d 787, 788 (1990) (stating that “[p]roof of possession of drug paraphernalia is sufficient indicia of intent to distribute” where marijuana, cocaine, marijuana seeds, scales and other drug paraphernalia were found by police); State v. Adams, 291 S.C. 132, 134, 352 S.E.2d 483, 485 (1987) (stating “that evidence of various drug paraphernalia and residue of controlled substances was sufficient to submit the case to the jury”).
The circumstantial evidence in this case is not substantial and merely raises a suspicion of guilt. The crack cocaine was not packaged in individual bags. The police found no scales or other drug paraphernalia used for distribution. There was no testimony to establish that eight rocks of crack cocaine weighing less than one gram are more than a user would likely purchase and possess at one time. In short, the evidence does not reasonably tend to prove Cherry intended to distribute crack cocaine. It merely raises a suspicion of such an intent. For this reason, I would rule that the trial judge erred in *314failing to grant a directed verdict of acquittal on the possession of crack cocaine with the intent to distribute charge.11
Circumstantial Evidence Instruction
Cherry also argues that the Edwards charge, which includes an instruction that the circumstantial evidence in a case of this type must exclude every other reasonable hypothesis but guilt, is still a proper statement of the law. He contends it was reversible error to refuse the charge because he specifically requested it.
The foundation .for this argument is that the Grippon charge, which does not include the “exclusion of every other reasonable hypothesis” language of Edwards, is not functionally equivalent to the Edwards charge. This foundation is a necessary linchpin for Cherry’s position because a charge must be read as a whole, and if it adequately expresses the required principles, there is no harm by the failure to include the specific language requested. State v. Hughey, 339 S.C. 439, 450, 529 S.E.2d 721, 727 (2000), cert. denied, 531 U.S. 946, *315121 S.Ct. 345, 148 L.Ed.2d 277 (2000). “The substance of the law must be charged to the jury, not particular verbiage.” Id. A jury charge is correct if it contains the correct definition and adequately covers the law when the charge is read as a whole. Id. “To warrant reversal, a trial judge’s refusal to give a requested jury charge must be both erroneous and prejudicial.” Id.; see also State v. Needs, 333 S.C. 134, 508 S.E.2d 857 (1998).
I agree with Judge Stilwell’s conclusion that this argument misconstrues the holding in Grippon. In that case, the defendant also requested the Edwards “exclusion of every other reasonable hypothesis” language sought by Cherry. As in this case, the trial judge refused the request. Our supreme court affirmed, finding the charge, when taken as a whole, adequately conveyed the level of proof necessary to find the defendant guilty. Grippon, 327 S.C. at 82, 489 S.E.2d at 463. Furthermore, the court recommended a circumstantial evidence jury charge which does not contain the requested language. See Id., at 83-84, 489 S.E.2d at 464.
In State v. Needs, the supreme court described this recommended charge as one which “makes no distinction between circumstantial and direct evidence.” 333 S.C. at 156, n. 13, 508 S.E.2d at 868, n. 13.12 To accept Cherry’s argument, one must conclude that our supreme court, in Grippon, recommended as a complete circumstantial evidence charge an instruction which makes no distinction between circumstantial and direct evidence, knowing it to be an inadequate explanation of the law. This conclusion is implausible. Therefore, even though the inclusion of the “reasonable hypothesis language” is not harmful error, under the authority of Grippon *316and Needs, the failure to include it cannot be reversible error either.
In conclusion, I agree with Judge Stilwell’s determination that the jury charge fully complied with the requirements of South Carolina law, as set forth in Grippon. However, there is an absence of any direct or substantial circumstantial evidence reasonably tending to prove an intent to distribute, or from which the intent to distribute crack cocaine can fairly and logically be deduced. For this reason, I would reverse the conviction for possession with intent to distribute crack cocaine.
HEARN, C.J., and CURETON, J., concur.. 327 S.C. 79, 489 S.E.2d 462 (1997).
. 298 S.C. 272, 379 S.E.2d 888 (1989).
. This evidence does not include the handgun. The trial judge ruled the handgun was not attributable to Cherry and specifically excluded it from consideration during the directed verdict motion. Furthermore, *313even if the judge had considered it, no evidence was presented from which the jury could infer an intent to distribute the crack cocaine, as opposed to simply possessing it for personal use. See State v. Kimbrell, 294 S.C. 51, 55, 362 S.E.2d 630, 632 (1987) (ruling presence of handgun relevant and admissible to establish possession of cocaine, because a jury "could well have inferred that [defendant] was using the pistol for protection of the cocaine”).
. In his concurring opinion, Judge Goolsby incorrectly characterizes my analysis as "weighing” the evidence. This is the standard criticism of those who would surrender the obligation of the court to make the threshold determination that the evidence is sufficient to support a conviction and would take refuge, instead, in the "good common sense” of jurors. Unfortunately, jurors are only human, and are subject to the normal vagaries of life, including basing decisions on emotion and preconceived ideas. As our Supreme Court noted, properly instructing the jury is not a sufficient procedural safeguard against improper verdicts based upon matters outside of the evidence. See Jackson v. Virginia, 443 U.S. 307, 318, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) ("After Winship the critical inquiry on review of sufficiency of the evidence to support a criminal conviction must be not simply to determine whether the jury was properly instructed, but to determine whether the record evidence could reasonably support a finding of guilt beyond a reasonable doubt.”).
The question presented is whether the evidence is capable of supporting the conviction, employing reason and logic, should the jury choose to believe all or a portion of it. There is no "weighing” of the evidence involved. Indeed, the evidence and all inferences must be viewed in a light most favorable to the State. But if the court determines that the circumstances, alone and in combination, are equally consistent with innocence as with guilt, then the court has necessarily concluded that the evidence is incapable of providing a reasonable and logical basis for determining guilt. It is the obligation of the court in that instance to direct a verdict of acquittal.
. In Needs, our supreme court stated "[w]e have identified two appropriate ways to define reasonable doubt and two appropriate ways to charge circumstantial evidence. Trial courts should rarely find it necessary to deviate from those approved charges." 333 S.C. at 155-156, 508 S.E.2d at 868 (emphasis added). This latter sentence should not be misconstrued to suggest that the "exclusion of every other reasonable hypothesis” language could be required, if requested, in a purely circumstantial or factually close case. Such an approach would impermissibly require weighing the evidence by the trial court, and implies that a greater explanation of the burden of proof is necessary when the judge believes the case is a close one. Such a subjective rule would not meet the requirements of Due Process. See Sullivan v. Louisiana, 508 U.S. 275, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993).