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Lawskills.com Georgia Caselaw
BUXTON v. THE STATE.
76154.
POPE, Judge.
Aggravated assault, etc. Dougherty Superior Court. Before Judge Lott, Senior Judge.
John Max Buxton brings this appeal from his conviction and sentence of aggravated assault (4 counts), theft by taking a motor vehicle, and armed robbery (4 counts). His sole enumerated error is the trial court's denial of his motion for directed verdict of acquittal. Defendant premises his enumeration upon the asserted lack of corroboration of the testimony of his daughter, a purported accomplice, which implicated defendant as a participant in the subject crimes.
"To authorize a felony conviction on the testimony of an accomplice, it is necessary that the evidence of the accomplice be corroborated [OCGA 24-4-8], and the corroborating circumstances should be such as, independently of his testimony, to lead to the inference that the defendant is guilty. But it is not required that this corroboration shall of itself be sufficient to warrant a verdict, or that the testimony of the accomplice be corroborated in every material particular. Slight evidence from an extraneous source identifying the accused as a participator in the criminal act will be sufficient corroboration of the accomplice to support a verdict. The sufficiency of the corroboration of the testimony of the accomplice to produce conviction of the defendant's guilt is peculiarly a matter for the jury to determine. If the verdict is founded on slight evidence of corroboration connecting the defendant with the crime, it can not be said, as a matter of law, that the verdict is contrary to the evidence." (Cits. and punctuation omitted.) Waldrop v. State, 221 Ga. 319, 320 (144 SE2d 372) (1965); see Ivey v. State, 91 Ga. App. 455 (1) (85 SE2d 829) (1955).
Hobart M. Hind, District Attorney, Melodic B. Swartzbaugh, Earl Jones, Assistant District Attorneys, for appellee.
John W. Knight, for appellant.
DECIDED MARCH 16, 1988.
Monday October 6 10:37 CDT


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