Davis v. State, 18722
| Decision Date | 11 October 1954 |
| Docket Number | No. 18722,18722 |
| Citation | 84 S.E.2d 46,211 Ga. 76 |
| Parties | Dalvin Eugence DAVIS v. The STATE. |
| Court | Georgia Supreme Court |
Troy G. Morrow, Ellaville, for plaintiff in error.
Charles Burgamy, Sol. Gen., Americus, Eugene Cook, Atty. Gen., Rubye G. Jackson, Atlanta, for defendant in error.
Syllabus Opinion by the Court.
Calvin Eugene Davis was indicted in Schley County for murder. The indictment alleges that he unlawfully killed Nora Jones by shooting her in the head with a .22 caliber rifle. He was convicted without a recommendation and sentenced to be electrocuted. He excepted to a judgment denying a motion for new trial, which he timely made on the usual general grounds and later amended by adding other grounds. Held:
1. Special ground 2 of the motion alleges that a new trial should be granted the movant because the State failed to prove the killing in the manner alleged in the indictment. There is no merit in this. Dr. L. S. Boyette, a witness for the State, testified that he performed an autopsy on the body of Nora Jones; that he found a penetrating wound on the head of the deceased; that he traced it through the brain tissue, and about the middle of the brain found a battered piece of lead, presumptively a bullet; and that the bullet wound in her head caused her death.
2. On the trial of the instant case, J. F. McDuffie, a witness for the State, testified that he was and had been for seven years an agent of the Georgia Bureau of Investigation. The defendant freely and voluntarily confessed to him that he killed Nora Jones at her home by shooting her twice with a rifle; that he then took a considerable amount of money off her person and went to Ellaville, Georgia; and that he went from Ellaville to Columbus, Georgia, where he was later arrested. In the course of his testimony, the witness said that he 'made' the defendant point out the place where the first bullet hit the deceased; however, he promptly qualified this by saying he 'asked' the defendant to point out the place where the first bullet hit the deceased, and that the defendant voluntarily did so. It is alleged in the amendment to the motion for new trial that the judge erred in refusing to rule out the testimony of the witness McDuffie, but the record does not disclose the ground on which his motion was based. This special ground of the motion for new trial does not show reversible error; and this is especially true in view of the fact that sheriff Devane, as a...
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