bullets

Lack of Corroboration Frees Alleged Murderer

The Georgia Supreme Court overturned a Fulton County murder conviction after determining that the trial court failed to apply the state’s corroboration rule for accomplice testimony.

The defendant was originally convicted of murder and possession of a firearm during the commission of a felony, but his appeal revealed a key flaw in the court’s jury instructions. The trial judge told jurors that “particular facts could be established based on the testimony of a single witness.” However, under former O.C.G.A. § 24-4-8, when a witness is an accomplice, their testimony must be corroborated by additional evidence.

Read More »
front of court house

New Trial on General Grounds Denied

The Georgia Supreme Court upheld a DeKalb County murder conviction, rejecting a defendant’s request for a new trial on general grounds.

The defendant, found guilty of malice murder and firearm possession by a first-offender probationer, claimed that the evidence did not support the verdict. However, the Court ruled that the trial judge acted within the law, determining that the evidence sufficiently supported the conviction and that the defendant received a fair trial.

Read More »
shadow of gun pointing at person

Georgia Court of Appeals Defines Meaning of Party to a Crime

The Georgia Court of Appeals clarified what it means to be a party to a crime, overturning an aggravated assault conviction in a Hart County case.

The defendant had been convicted of aggravated assault and three counts of felony obstruction after his grandfather fired a gun near police officers during the defendant’s arrest. The defendant appealed, arguing that he did not use or encourage the use of a weapon.

Read More »