Whitfield Superior Court convicted Robert Heatherly Jr. of misdemeanor theft by taking. Mr. Heatherly filed a motion for a new trial on the basis that his accomplice testified without supplying corroborating evidence, but the trial court denied his motion.
The Georgia Court of Appeals reviewed the case and agreed with the trial court. Because the crime was a misdemeanor, the Court noted that the State did not need to “provide corroboration of an accomplice’s testimony regarding the identification and participation of the defendant.” Corroboration is a requirement in felony cases, though. The Appeals Court decided that the trial court did not err in denying the motion for a new trial.
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