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Boothe v. State

Any potential error in the admission of photocopies of police sketches, rather than the original sketches, was harmless in light of the other evidence of the defendant's guilt.

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Following a jury trial, Appellant Timothy Boothe was found guilty of malice murder and other offenses in connection with the death of Geneva Strickland.1 Appellant contends, among other things, that the trial court erred by admitting into evidence photocopies of police sketches of two men that were based on descriptions from one of the State’s witnesses. We conclude that, even assuming that the admission of the sketch copies violated the “best evidence” rule of Georgia’s old Evidence Code, see former OCGA § 24-5-4 a,2 any error was harmless. Appellant’s other enumerations of error lack merit. Accordingly, we affirm his convictions.

1. Viewed in the light most favorable to the jury’s verdict, the evidence presented at trial showed as follows. On October 31, 2007, Clayton County police officers and firefighters responded to a fire at the home of Geneva Strickland around 11:00 p.m. After the fire was extinguished, police found Strickland dead in one of her bedrooms. Her wrists and legs had been bound with the kind of long plastic zip ties ordinarily used to secure ductwork or plumbing pipes, and her mouth was covered with an Ace bandage that had been wrapped around her head seven times. When the medical examiner unwrapped the Ace bandage, he found, in the fifth turning of the wraps, a blue latex glove.3 Strickland died from carbon monoxide poisoning coupled with suffocation and affixial restraint.

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