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Lawskills.com Georgia Caselaw
PETERS v. THE STATE.
33359.
UNDERCOFLER, Presiding Justice.
Murder. Fulton Superior Court. Before Judge Langford.
Appellant was convicted of murder and sentenced to life imprisonment. He appeals.
2. There is no evidence in this transcript of trial to support the complaint of appellant that the witness, Eddie Lee Zinnamon, gave perjured testimony.
3. There was no error in denying the motion for new trial based upon newly-discovered evidence. The record shows this was the second trial of the accused, the first trial ending in a "hung" jury. Following the completion of this, the second trial, appellant now seeks to have testimony of the resident manager, Charles Allen, considered which merely affirms appellant was seen entering the apartment with Zinnamon and an officer by the back door. Such evidence, if true, would not rebut the sequence of events which occurred prior to the call of the police, nor was it so material that it would probably produce a different verdict. There was no error. See Burge v. State, 133 Ga. 431, 432 (66 SE 243) (1909); Bell v. State, 227 Ga. 800, 805 (183 SE2d 357) (1971).
4. The evidence supported a charge by the judge of Code Ann. 26-801 (Ga. L. 1968, pp. 1249, 1271), setting forth the law regarding parties to a crime. There was no error. See Townsend v. State, 141 Ga. App. 743, 744-745 (2) (234 SE2d 368) (1977).
5. Material evidence regarding the findings of a microanalyst, Richard Ernest, showing strong traces of primer residue, including antimony, barium and lead, on hand wipings taken from appellant and Twanda Jones, was introduced at appellant's first trial over strong objection by appellant. At the second trial, this evidence was not introduced by the state and the defense, who, prior to trial, received a list of witnesses to be used by the state, apparently chose not to compel Ernest's appearance for the defense. There was no issue of disclosure here where the defense knew the evidence existed and chose not to present it at trial. The rule in Brady v. Maryland, 373 U. S. 83, is inapposite.
Silver, Zevin, Sewell & Turner, Murray M. Silver, for appellant.
Silver, Zevin, Sewell & Turner, Murray M. Silver, for appellant.
ARGUED MARCH 14, 1978 -- DECIDED APRIL 4, 1978.
Friday May 22 03:36 EDT


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