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Arnold v. State

The defendant did not show that the victim's trial testimony was untrue or that the state knew that it was untrue.

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A Coweta county jury convicted Deunte Arnold of aggravated assault OCGA § 16-5-21. On appeal, Arnold claims that he is entitled to a new trial because the State i suborned perjured testimony at trial by placing the victim on the stand to testify against him while knowing that the victim had previously identified another person as the perpetrator, and ii thereafter improperly bolstered the victim’s testimony through the testimony of a police investigator. Although the victim had given prior inconsistent testimony, Arnold does not show that the victim’s trial testimony was false. Arnold’s claim of improper bolstering is waived on appeal because he did not object on that ground below. Given the foregoing, we affirm. Viewed in the light most favorable to the jury’s verdict Drammeh v. State , 285 Ga. App. 545, 546 1 646 SE2d 742 2007, the evidence shows that on the evening of August 12, 2006, approximately 40 people, including the victim, were standing outside the Fairmont Tavern. One of the victim’s friends, Emanuel Britt, shot a woman in the chest. After the shot rang out, the victim ran away from the tavern.

As the victim was passing through a residential area, he recognized Henry Thomas, who announced “there he go right there.” A crowd of people emerged from behind an apartment building and pursued the victim. The victim recognized Arnold, whom he had known for a long time. Arnold pointed a gun at the victim and fired. The bullet struck the victim in the leg, knocking him down and throwing him across some railroad tracks.

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