Corroboration

In felony cases where the only witness is an accomplice, the testimony of the single witness is not sufficient to convict a defendant; corroboration is necessary. O.C.G.A. § 24-4-8; O.C.G.A. § 24-14-8; Hamm v. State, S13A1696; Campbell v. State, 314 Ga. App. 299 (2012). The State must provide corroboration regarding the identity and participation of the defendant. Simply because an accomplice's testimony is corroborated in most details, it does not follow that his testimony as to the identity and participation of the defendant has been corroborated. Corroboration of the accomplice as to the time, place and circumstances of the crime, without any connection of the defendant to the crime is not sufficient to support a conviction. Gilmore v. State, 315 Ga. App. 85 (2012); Caldwell v. State, 227 Ga. 703 (1997).

 

Although OCGA § 24-14-8 provides that corroboration is required to support a guilty verdict in “felony cases where the only witness is an accomplice,” only slight evidence of corroboration is required. The necessary corroboration may consist entirely of circumstantial evidence, and evidence of the defendant's conduct before and after the crime was committed may give rise to an inference that he participated in the crime. Huff v. State, 300 Ga. 807, 809 (1) (796 SE2d 688) (2017); Clements v. State, S23A0857 (December 19, 2023).

The corroborating evidence must connect the defendant with the crime or lead to an inference that he is guilty. The corroborating evidence does not need to be sufficient by itself to get a conviction. Johnson v. State, 288 Ga. 803 (2011). The sufficiency of the corroborating evidence is a question for the jury, but whether the evidence actually amounts to corroboration is a question of law for the judge. Brookshire v. State, 230 Ga. App. 418 (1998); Laye v. State, 312 Ga. App. 862 (2011). The testimony of two or more accomplices can be used to corroborate each other. Skipper v. State, 314 Ga. App. 870 (2012); Hawkins v. State, 290 Ga. App. 686 

(2008). 

 

 A confession alone, uncorroborated by any other evidence, shall not justify a conviction. O.C.G.A. § 24-3-53; O.C.G.A. § 24-8- 823. The evidence corroborating a confession need not definitely connect the defendant to the crime. Corroboration in any material way is sufficient. Martinez v. State, 314 Ga. App. 551 (2012). 

 

A similar transaction can supply the required corroboration of an accomplice's testimony. Alatise v. State, 291 Ga. 428 (2012). 

 

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