Fulton Superior Court convicted a defendant of murder and possession of a firearm during the commission of a felony, but the defendant noted a flaw in the court’s jury charge.
Georgia’s Supreme Court examined the instructions given to the jury and saw that the trial court explained to the jury “that particular facts could be established based on the testimony of a single witness.” The witness in this case was the defendant’s accomplice, and under former O.C.G.A. § 24-4-8 which should have been applied, an accomplice’s testimony must be corroborated.
Although the Court determined that the evidence supported the defendant’s convictions, the Court overturned them because the trial court failed to adhere to the corroboration rule.
