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Brown v. State

The defendant's statements to police, his actions before and after the crimes, and his girlfriend's testimony that he asked her to lie about his whereabouts corroborated the testimony of his accomplice.

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Appellant Justin Brown was convicted of felony murder, aggravated battery, kidnapping with bodily injury, aggravated assault, and burglary in connection with the shooting death of J.R. Morrow.1 Brown’s motion for new trial was denied, and he now appeals that decision and his conviction and sentence. On appeal, Brown asserts that 1 the evidence was insufficient to sustain his convictions; 2 the State failed to prove the “asportation” requirement for kidnapping with bodily injury; 3 the State knowingly introduced false testimony in support of its case in chief; and 4 the trial court erred in failing to charge the jury concerning mere approval of an act and withdrawal from a conspiracy. For the reasons which follow, we affirm Brown’s conviction.

Viewed in a light most favorable to the verdict, the evidence shows the following. J.R. Morrow lived with his father, James Morrow, and Judy McClure at a home in Douglas County, Georgia. Brown, a friend of J.R.’s, had been staying at the Morrow residence for several days, but was asked to leave on the morning of October 15, 2002. Brown knew that there was a large amount of money in a safe in the Morrow house, having seen the safe’s contents when Mr. Morrow took money out to give to J.R. After he was asked to leave the Morrow house, Brown told Giovanni Little and Kevin Peoples that he wanted to rob J.R. Morrow. They devised a plan for Brown to commit the robbery while Little and Peoples distracted the occupants of the house.

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