State v. Yates

310 S.E.2d 805 (1982)

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Nature Of The Case

This section contains the nature of the case and procedural background.

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.

Issues

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Holding & Decision

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Legal Analysis

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