Legal Opinion · Concurring in part, dissenting in part

Howard v. State

Court of Appeals of Georgia

Decided December 5, 1986No. 72899, 72900Published

1Concurring in part, dissenting in partBeasley, Judge

In my view, the evidence was insufficient on all 10 counts as to Green and on all but Counts 5 and 11 as to Howard. The application of the accomplice corroboration rule, OCGA § 24-4-8, demands it.

Checks were taken from Mr. Norman’s farm office sometime in the summer of 1985, although he was unaware of it until he received a call from his bank concerning the endorsements. Howard and Green were employed by Norman that summer and had access to the office, as did other farm hands.

Johnny Howard, the brother of defendant Billy Howard, testified for the state, having first pled guilty to first…

2Cases cited16 opinions

  1. Castell v. StateSupreme Court of Georgia · 1983
  2. Merino v. StateSupreme Court of Georgia · 1973
  3. West v. StateSupreme Court of Georgia · 1974
  4. Boggus v. StateCourt of Appeals of Georgia · 1975
  5. Burnette v. StateCourt of Appeals of Georgia · 1983

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