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Knight v. State

Informant's testimony that he purchased crack cocaine from defendant was corroborated by evidence that the informant had no drugs before the buy, that police saw him go to defendant's yard and ask for defendant, and that the informant returned with the drugs.

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A jury found Thomas Edison Knight guilty of selling cocaine. He contends that the trial court erred in denying his motion for directed verdict of acquittal because the testimony of the confidential informant who participated in the controlled buy of the cocaine was not sufficiently corroborated. However, the testimony of a single witness is generally sufficient to establish a fact. OCGA § 24-4-8. And though corroboration is required where the witness in a felony case is an accomplice, corroborating circumstances, rather than the testimony of a second witness, may suffice. Id. Because the informant here was not an accomplice and, furthermore, because there was circumstantial evidence corroborating the witness’ testimony that Knight sold him cocaine, this argument is completely without merit.

The evidence shows that a confidential informant agreed to assist police in a controlled drug buy. Before conducting the purchase, police searched the informant for drugs and found none. They taped a transmitter onto his chest and gave him $20 in official funds. The informant bicycled to Knight’s home as police followed him in a van. So as not to arouse suspicion, the officers did not stop the van but kept moving; as a result, they lost sight of the informant at times.

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