Duncan v. State

The defendant's actions in giving a knife to one co-defendant and telling him it was for his protection made the defendant a party to the co-defendant's aggravated assault of the surviving victim.

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Following a jury trial, Jeremy Duncan was convicted for the aggravated assault and murder of Marcus Durden as well as concealing Durden’s death. Duncan now appeals his convictions, contending that the evidence was insufficient to support the verdict.1 For the reasons set forth below, we affirm. 1. In the light most favorable to the verdict, the record shows that, on February 24, 2006, Jeremy Duncan, with his co-defendants Deanthony Harris and Brent Burl, were driving to a club with Codi Bailey and Marcus Durden. Earlier that evening, Duncan told his co-defendants that he was planning to rob Durden of his money and drugs. While stopped at a gas station on the way to the club, Duncan gave Harris a knife while the others were away from the car. Duncan told Harris that the knife was for his “protection.” On the way to the club, Duncan shot and killed Durden. Immediately thereafter, Harris pulled the knife he had been given by Duncan and demanded weapons and money from Bailey. Duncan threatened Bailey with a gun as well. Duncan then directed Burl to drive his car to a specific road, where Duncan and Harris threw Durden’s body in the street and stole his wallet and cell phone. Duncan shared $90 taken from Durden’s wallet with Burl and Harris. Duncan later used some of this money to buy drugs for Bailey. During the night, a passerby noticed Durden’s body on the side of the road and informed police. Bailey also contacted police about the murder the following day. He did not contact police immediately because Duncan had threatened his life and he felt compelled to stay with Duncan and the others for most of the night. Duncan was later arrested.

This evidence was sufficient to enable the jury to find Duncan guilty of the crimes for which he was convicted beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.

Duncan v. State

The defendant's actions in giving a knife to one co-defendant and telling him it was for his protection made the defendant a party to the co-defendant's aggravated assault of the surviving victim.

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