Johnson v. State
| Decision Date | 20 September 1973 |
| Docket Number | No. 28229,28229 |
| Parties | Eddie Lee JOHNSON v. The STATE. |
| Court | Georgia Supreme Court |
A. Dale Albritton, Macon, for appellant.
Fred M. Hasty, Dist. Atty. Walker P. Johnson, Jr., Walter Matthews, Macon, Arthur K. Bolton, Atty. Gen., Courtney Wilder Stanton, Asst. Atty. Gen., B. Dean Grindle, Deputy Asst. Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
Appellant was found guilty of murder by a jury in the Superior Court of Bibb County on August 16, 1972, and sentenced to life imprisonment.
It appears from the record that on April 11, 1972, appellant drove two black males, named Alfred 'Spitball' Williams and Troy Scott to a spot near a cafe owned and operated by Jesse 'Tan Tan' Howard. Appellant remained in the car which his two companions, who he knew were armed, entered Tan Tan's cafe to 'get some money.' A few minutes later shots rang out and the two fled back to the car in which appellant was waiting. As the two were running toward the car the victim of the shooting, 'Tan Tan' Howard, was seen standing on the stoop of his cafe, his freshly starched apron stained with blood, and shouting 'they shot and robbed me.' After this brief statement Howard said no more and subsequently died of shock and loss of blood resulting from the gunshot wounds. Appellant and his comrades roared from the scene of the crime in appellant's car, later described as a lavender 1955 Chevrolet. 'Spitball' Williams, apparently shot in the melee, was taken to the home of the appellant, where he was given emergency first aid. However, this assistance was to no avail as Spitball died later that day. It appears from the record before us that while aiding his friend, appellant gave the alleged murder weapon to his sister-in-law and instructed her to 'get rid of it.' Appellant also took the bloodstained clothes of the failing 'Spitball' and gave them to his wife with instructions that they were to be burned. The pistol was later retrieved by the authorities, and tested by a microanalyst from the State Crime Laboratory. The test bullets fired from the weapon contained markings similar to the bullets recovered fron the body of 'Tan Tan' Howard, and the proposition that they were fired from the same gun was termed 'possible.'
At his trial defendant testified that he did in fact drive the vehicle utilized in the get-a-way. Defendant explains this action by stating that he had no prior knowledge of the attempted robbery and that he was forced to participate in the get-a-way by a persuasively pointed pistol threateningly held by his one time friend Troy Scott. Appellant appeals his conviction and subsequent sentencing. Held:
1. Enumerated as error in this appeal is the denial of appellant's amended motion for a new trial. The appellant contends in his motion that: (1) the verdict is not supported by the evidence and (2) the state in its presentation at the trial failed to prove one of the essential elements of the corpus delicti in that the record fails by direct testimony to identify the deceased. We cannot agree with either...
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