Dunn v. State, S93A0881
| Decision Date | 13 September 1993 |
| Docket Number | No. S93A0881,S93A0881 |
| Parties | DUNN v. The STATE. |
| Court | Georgia Supreme Court |
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v.
The STATE.
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[263 Ga. 345] O. Dale Jenkins, Darien, for Dunn.
Dupont K. Cheney, Dist. Atty., J. Thomas Durden, Asst. Dist. Atty., Atlantic Judicial Circuit, Hinesville, Michael J. Bowers, Atty. Gen., Matthew P. Stone, Staff Atty., Dept. of Law, Atlanta, for State.
[263 Ga. 343] FLETCHER, Justice.
David Larry Dunn appeals from his conviction of the felony murder of Joseph Paul Phillips with aggravated assault and theft by taking being the underlying felonies. 1 We affirm.
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1. Dunn contends that the evidence was not sufficient to support the verdict. The facts when viewed in the light most favorable to the prosecution are sufficient to prove that sometime between June 30, 1989, and July 4, 1989, Dunn pulled the trigger of a .22 caliber rifle during an altercation with Phillips causing the rifle to discharge and [263 Ga. 344] resulting in Phillips' death. Dunn then threw the rifle and Phillips' body over the Champney River bridge. Dunn and co-defendant Earl S. Locke fled the scene in Phillips' truck. Having thoroughly reviewed the record, we conclude that a rational trier of fact could have found Dunn guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Dunn's first and fourth enumerations of error concern the trial court's allowing the jury to consider two versions of felony murder when the indictment charged only malice murder. This court on numerous occasions has held that a defendant may be convicted of felony murder under an indictment for malice murder where the underlying felony used to support the felony murder conviction is set forth in a separate count in the indictment or where the defendant is put on notice of the felony by the facts alleged in the indictment to show how the murder was committed. McCrary v. State, 252 Ga. 521, 314 S.E.2d 662 (1984); Iona v. State, 260 Ga. 83, 389 S.E.2d 754 (1990); Jolly v. State, 260 Ga. 258, 392 S.E.2d 527 (1990). Due process is satisfied where the indictment puts the defendant on notice of the crimes with which he is charged and against which he must defend. McCrary, 252 Ga. at 524, 314 S.E.2d 662. Count 1 of the indictment for malice murder alleged that Dunn caused Phillips' death "by shooting the said Joseph Paul Phillips with a certain .22 caliber rifle." Count 1 included facts sufficient to put Dunn on notice that he was being charged with the felony...
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...charged with aggravated assault and that that offense could be the underlying felony for a conviction of felony murder. Dunn v. State, 263 Ga. 343, 344(2), 434 S.E.2d 60 10. Morgan contends that his trial counsel rendered ineffective assistance by failing to call or interview certain witnes......
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Carruthers v. State, S99P1418.
...State, 270 Ga. 804, 807(1), 514 S.E.2d 14 (1999); Franklin v. State, 268 Ga. 865, 867(2), 494 S.E.2d 327 (1998); see also Dunn v. State, 263 Ga. 343, 344(2), 434 S.E.2d 60 (1993) ("This court on numerous occasions has held that a defendant may be convicted of felony murder under an indictme......
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...him from double jeopardy." (Citation and punctuation omitted.) Jones , 289 Ga. at 116 (2) (c), 709 S.E.2d 773 ; see also Dunn v. State , 263 Ga. 343, 344 (2), 434 S.E.2d 60 (1993) ("Due process is satisfied where the indictment puts the defendant on notice of the crimes with which he is cha......
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...decide, under the evidence relative to identification, whether it is the identical weapon used by the defendant. [Cits.]" Dunn v. State, 263 Ga. 343, 345(3), 434 S.E.2d 60 (1993). See also Williams v. State, 213 Ga.App. 119, 120(1), 443 S.E.2d 534 (1994). In this case, the 9-millimeter pist......