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Dupree v. State

The evidence supported the defendant's murder convictions arising from the shooting death of the victim after an argument during a card game.

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Appellant Caesar Dupree appeals his convictions for malice murder and two counts of felony murder for the shooting death of John Darrisaw.1 Dupree’s sole enumeration of error relates to the sufficiency of the evidence to support his convictions. He asserts the evidence showed he acted in self-defense, or, at most, the evidence supported only a conviction of voluntary manslaughter.

Construed in the light most favorable to the verdict, the evidence shows the shooting occurred on the evening of December 3, 2008, after an argument that arose during a card game at the victim’s house. During the card game, Dupree made derogatory comments about Darrisaw’s t-shirt to which Darrisaw took offense. As a result, Darrisaw asked Dupree to leave. Dupree said goodbye and exited the house without complaint. Darrisaw went outside approximately three minutes later and a witness testified he saw Darrisaw put his empty hands in the air just as Dupree shot him in the abdomen. Darrisaw went back into the house, holding his side, and said, “He shot me.” Darrisaw was pronounced dead at the hospital. Immediately after the shooting, Dupree locked his car and started walking through the woods near the victim’s house. He showed up at his sister’s house in the early morning hours where he cried and informed his nephew he had shot and may have killed someone. Dupree gave a Cobra .380 pistol to his nephew, who wrapped it in a towel. Dupree wished to turn himself in and, at Dupree’s request, the nephew and nephew’s father drove him to the sheriff’s station. The nephew turned the pistol over to authorities. A ballistics expert testified that the shell casing recovered at the scene as well as the bullet removed from the victim’s body were fired from Dupree’s gun.

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