Harper v. State

SOUTHWICK, P.J.,

for the court.

¶ 1. Boris Harper appeals his conviction after a jury trial on three counts of aggravated assault and one count of capital murder. Harper argues the trial court erred in failing to grant his motion for a judgment notwithstanding the verdict or a new trial due to the State’s failure to disclose a substantive change in a material witness’s intended testimony. We disagree and affirm.

FACTS

¶ 2. On March 28, 2001, Boris Harper and Tome Ellis entered a country grocery store. They were armed and their faces partially masked with handkerchiefs. They demanded the money…