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Castleberry v. State

The trial court properly sustained the state's objection to defendant's cross-examination of his accomplice about the accomplice's murder plea because defendant did not admit a certified copy of the accomplice's conviction.

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A jury found Willie Marion Castleberry guilty of felony murder, armed robbery, and aggravated assault in connection with the fatal shooting of service station operator Eugene McCorkle Johnson. Castleberry appeals his convictions, claiming error in the trial court’s sustaining the State’s objection to certain cross-examination, prosecutorial misconduct by the mention of a polygraph, and the ineffective assistance of trial counsel. Finding the claims to be without merit, we affirm.1

On October 23, 1975, the police were summoned to McCorkle’s Service Station on Old Augusta Highway in McDuffie County. When they arrived, Johnson, who ran the station in the evenings, was being loaded into the ambulance. He was later pronounced dead on arrival at the hospital. Johnson had sustained three gunshot wounds: in the left side of the face, in the back of the upper left arm, and in the back of the torso, damaging the left lung and the heart. The resulting hemorrhage led to Johnson’s death. Two of the wounds were caused by .38 caliber bullets.

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