This contention is belied by the fact that when Daniel finally identified himself and produced his badge, Donahue immediately dropped his gun and surrendered. We likewise reject the claim that Donahue knew Sheriff Daniel because the sheriff had worked at Angola from 1979 to 1983 and was well known by the inmates. The record is totally devoid of any evidence to support this claim. The only potentially supportive evidence is the fact that the truck had a whip antenna. This fact, however, without more, does not signify that the truck was a law enforcement vehicle.
Many vehicles have such antennas, particularly in rural Louisiana parishes.
We therefore conclude and hold that the evidence was insufficient to support Donahue's conviction for attempted first-degree murder of a peace officer. The writ of habeas corpus must issue on this basis. One final note. Donahue subsequently was tried and convicted of attempted second-degree murder. The state candidly and appropriately conceded at oral argument that double jeopardy would bar a retrial on this charge.