D'Antignac v. State, 31580
| Citation | 238 Ga. 437,233 S.E.2d 206 |
| Decision Date | 02 March 1977 |
| Docket Number | No. 31580,31580 |
| Parties | Donald Emmett D'ANTIGNAC, II v. The STATE. |
| Court | Supreme Court of Georgia |
Saul, Blount & Avrett, Percy J. Blount, Augusta, for appellant.
Richard E. Allen, Dist. Atty., Augusta, Arthur K. Bolton, Atty. Gen., Daryl A. Robinson, Asst. Atty. Gen., Atlanta, for appellee.
The appellant was convicted of murder and sentenced to life imprisonment. He has come here for review.
Appellant was charged with the murder of David Dunn on the night of December 26, 1974. Evidence produced at the trial showed that the appellant and an accomplice, Taylor, drove with the victim to a deserted area of Richmond County, and there the appellant levelled a sawed-off shotgun at Dunn and fired at point-blank range killing him. An autopsy performed on the body of the victim revealed that probable cause of the death was three shotgun wounds.
The body of the victim was discovered at 11:15 p. m. on the same evening by two patrolling deputies of the Richmond County Sheriff's Department. The officers discovered Dunn's body lying on the ground near his deserted car. One of the officers testified that there were two sets of footprints, one of which led up to the body. There was a large amount of blood in the car and on the ground.
After an interview with the victim's wife, the officers learned that Dunn was last seen leaving the house with the appellant and Taylor earlier in the evening. The officers went to Taylor's house and then to the appellant's who lived next door. Appellant's car was parked outside under a street light. Looking into the car, the officer was able to see the breech of a shotgun, a .38 caliber pistol, and a pair of black gloves. The officers went into the appellant's house to talk with him and ask his permission to look into the car. Appellant agreed and the officer accompanied him to his bedroom to find the car keys. Unable to find the keys, the appellant agreed to let the officer use a coat hanger to open the car. Appellant got the coat hanger and as the two were leaving to go outside, the officer saw a pair of black Converse All-Star tennis shoes lying in the appellant's bedroom next to a chair. On the left toe was a reddish-brown stain that appeared to be blood. Appellant was placed under arrest and advised of his rights.
Taylor, a party to the crime who had been granted immunity by the State, testified that he had agreed to accompany the appellant and Dunn when the murder was to be committed, in exchange for half the $5,000 the appellant was to receive for the murder. He testified that appellant had a sawed-off shotgun, owned by Taylor, which a...
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