Adams v. State
Adams v. State
Opinion of the Court
Riley D. Adams was indicted by the Dawson County Superior Court for the murder of Herman P. Gilder on January 28, 1970. He was convicted and sentenced to
The evidence shows that Herman P. Gilder was a building contractor and the defendant had done some work for him. In March 1969 the defendant borrowed an amount of money from Gilder and signed a promissory note for $3,800 due September 15, 1969. The note became past due and the defendant promised to pay it by cashing certain church bonds. However, later he stated that he did not have the money to pay the debt. He told Gilder and his wife that he would receive $4,900 from the government for setting out pine trees during the first part of 1970 and would pay the debt then. When it was not paid, the defendant told Gilder and his wife that there was a check in Dawsonville, Ga., for $4,900 for the trees and he wanted Gilder to go with him to Dawsonville to obtain these funds because the government would not release the check unless the property was clear. Gilder, his wife, daughter and the defendant on a Saturday morning went to Dawsonville but were unable to obtain the check because the office was closed. The defendant told Gilder that they would have to return on Monday when the office was open. After several more delays, the defendant came to Gilder’s home about 8:30 a.m. on Wednesday, January 28 and he and Gilder left for Dawsonville to obtain the check. The defendant returned about 12 o’clock that day and told Mrs. Gilder that he and her husband had gone to the subdivision in Gwinnett County where Gilder was building houses and when they arrived, they found cement sacks and windows broken; that her husband wanted her to take some polyethylene to the subdivision to protect the property and bring him home; and that he wanted her to write the defendant a check for $316 as the amount due him after the defendant had turned over the government check to Gilder. Mrs. Gilder tried unsuccessfully to contact her husband by telephone at the construction site. She wrote the check for $316 and gave it to the defendant but requested that he not cash it until the next day in order that she could make certain that sufficient funds were in the account to pay it. She drove to the subdivision site where she failed to find any broken cement sacks and windows. She searched the houses
Lt. J. R. Shattles, an Atlanta police officer, testified that on Thursday, January 29, 1970, at 10:30 a.m., he received a missing person’s report on Gilder. Since the defendant was the last person to see him, he talked with him about 11 o’clock that morning. After being advised of his constitutional rights, the defendant told him that he and Gilder left Atlanta- about 8:30 a.m. on Wednesday and went to Dawsonville to get some money from his sister who owed him $3,995; that he was going to pay Gilder the $3,800 he owed him; that they got the check from her; that he endorsed it and gave it to Gilder who stated he did not have any money but would give him a check for $195 when they returned to Atlanta; that Gilder told him he needed to go by his construction site to check on his houses; that when they arrived at the site, Gilder got out of the car first and the door handle came off; that Gilder walked over to some cement sacks stacked
Dr. Larry Howard of the State Crime Laboratory examined the body of Gilder at the funeral home. He found a bullet wound in the right side of the back of the head which caused his death. The wound penetrated the brain and skull and lodged under the skin in the area of the left temple. The path of the wound was parallel with the ground. He examined the 41 caliber Colt revolver turned over to him by the police. The gun had a faulty hammer block, and he testified that if it fell on the rear of the hammer with sufiicient force, it could drive the hammer and firing pin into the bullet and discharge it. If the gun were dropped on the hammer at any level of about 3 feet on a hard surface or 4 feet on a floorboard with a rubber or soft mat, it would discharge. If the gun were dropped on the hammer from a car seat, the distance would not be sufiiciently high to cause the hammer to move forward. In the uncocked position, the only way the gun might hit and fire would be to drop it on the hammer. The bullet could not be discharged from the gun in a horizontal angle if it were dropped. Thirty pounds of force applied against the hammer would cause it to discharge also.
Agent R. C. McCracken of the Georgia Bureau of Investiga
The defendant testified that when the deceased got out of the car on the side of the road, the deceased said, “look at a forked tree” or “look how the tree is made”; that his car had carpet on the floor; that when he pulled his coat out of the car, it discharged but he did not know where it “landed”; that he saw Gilder slump and knew he was shot; that Gilder’s hand was on top of the window area of the right front door and slid down the glass; that he tried to hold him through the car, but could not; that he went around the car to support him and his feet were 3 or 4 feet down the embankment and his body in a cross position; that he could not hold him, and he rolled down the embankment; that he left the scene in his car and shortly returned to see if Gilder might still be alive; that he did not go through the deceased’s pockets; that he drove away and picked up a hitchhiker, went to his sister’s place of employment, got the check for $3,995, told his sister the hitchhiker was Gilder, let the hitchhiker out of the car, destroyed the check and scattered it along the highway; that he asked Jerry Wright to say that he was with him on that Wednesday morning because he was afraid that the police would know he had the shotgun in the car; and that he did not tell the Gilders that he was due a government check in the amount of $4,900.
There is no merit in this appeal and the trial court did not err in denying the appellant’s motion for new trial on the general grounds.
Judgment affirmed.
Reference
- Full Case Name
- ADAMS v. State
- Status
- Published