State v. Yate

310 S.E.2d 805 (1982)

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Nature of the Case

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Facts

David Loftis, Henry Davis, and Yates (D) talked about various places to rob and rode around to case potential victims. They borrowed a gun from D's brother and continued to ride around looking for places to rob. D and Davis left Loftis at a shopping mall and drove away with the pistol under the passenger's side of the front seat. D and Davis then entered Wood's rural store for the purpose of committing an armed robbery. D was armed with a pistol and Davis with a knife. They demanded and got $3,000 from Wood who was alone and in charge of the store operation. D shot Wood but not fatally when Wood failed to cooperate to D's satisfaction. Wood's mother then came on the scene and D ran out of the store, and Davis stabbed Wood's mother to death with his knife. Wood then succeeded in obtaining a gun and killed Davis. D was caught later after he drove off and hid the money. D testified on his own behalf at trial. D contended that he did not kill the mother and that it was his intent to abandon the robbery if they met resistance. D was convicted and sentenced to death. D appealed based on the fact that the prosecutor normally only sought the death penalty against triggerman only.