Georgia v. JohnsonAnnotate this Case
Appellee John Johnson was tried by jury and found guilty for the shooting death of Brandon Scott. However, the trial court granted Johnson's motion for a new trial. At issue in this appeal is whether the trial court should have given an unrequested jury instruction on accomplice corroboration. The State argued a new trial should not have been granted because an instruction on accomplice corroboration was not clearly required where a witness other than the accomplice introduces an accomplice’s statement implicating a defendant’s guilt. In response, Johnson argued a new trial was warranted because the testimony of his alleged accomplice was the only evidence establishing Johnson’s participation in the crime, and, thus, the trial court plainly erred in failing to instruct the jury that accomplice testimony required corroboration. The Georgia Supreme Court agreed the trial court should have instructed the jury on accomplice corroboration and affirmed the grant of a new trial.