Dunbarv.The State
Dunbar was convicted of murder and challenged the sufficiency of the evidence, the admission of testimony about an assault rifle, and testimony that he withdrew consent to a search of his home. The Georgia Supreme Court affirmed. The evidence authorized the jury to reject Dunbar’s self-defense account and find the elements of murder beyond a reasonable doubt. The court also held that the rifle evidence was relevant to the State’s account of the shooting and that admitting testimony about withdrawal of consent was not plain error. The court rejected Dunbar’s argument that Georgia’s rule against using a person’s refusal to consent to a warrantless search as evidence of guilt should extend to a withdrawal of consent after a search has begun. Because the challenged rulings did not require a new trial, the judgment was affirmed.
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