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Benbow v. State
288 Ga. 192
| Ga. | 2010
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Background

  • Benbow was convicted of malice murder, burglary, armed robbery, aggravated assault, false imprisonment, and firearm possession during felonies in connection with Corey Walker's death and additional armed robberies and assaults against five other victims; sentences included life terms and consecutive enhancements.
  • Accomplice Kendall Worthy testified that Benbow and co‑defendants traveled from Waycross to Statesboro, bringing an AK-47; Worthy described the planning, shootout, and money collection at a gambling house.
  • Surviving victims described a knock at the door, a struggle with the door attacker, and multiple gunshots; Walker died from two gunshot wounds to the torso.
  • The State presented corroboration of Worthy's accomplice testimony through other witnesses identifying Benbow at the scene and linking him to the confrontation.
  • Benbow offered alibi testimony from his brother and girlfriend that he was in Waycross during the crimes; the jury resolved conflicts in testimony.
  • The trial court found no sufficient evidence that Benbow or accomplices confined the victims for false imprisonment, leading to reversal of six false imprisonment convictions; other convictions were upheld.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of the evidence for all convictions Benbow argues insufficient evidence. State contends the evidence, viewed most favorably to verdict, supports guilt. Affirmed for all but false imprisonment counts.
Corroboration of accomplice testimony required Worthy's accomplice testimony needs corroboration. Sufficient corroboration existed beyond Worthy's testimony. Sufficient corroborating evidence supported Worthy's account.
Effect of alibi testimony on sufficiency Alibi witnesses create credibility questions that could weaken proof. Alibi evidence creates only a conflict in the evidence for the jury. Alibi did not render the evidence insufficient.
False imprisonment convictions foundational element Counts 6 false imprisonment lacked confinement element. Not disputed confinement allegations established by the record. Six false imprisonment convictions reversed; other convictions affirmed.

Key Cases Cited

  • Mickens v. State, 277 Ga. 627 (2004) (standard for reviewing sufficiency of evidence; accomplice corroboration rules cited)
  • Matthews v. State, 284 Ga. 819 (2009) (accomplice corroboration may be circumstantial and need not match all details)
  • Bush v. State, 267 Ga. 877 (1997) (accomplice testimony requires corroboration to sustain conviction)
  • Lopez v. State, 260 Ga. App. 713 (2003) (absence of confinement element negates false imprisonment)
Read the full case

Case Details

Case Name: Benbow v. State
Court Name: Supreme Court of Georgia
Date Published: Nov 8, 2010
Citation: 288 Ga. 192
Docket Number: S10A1137
Court Abbreviation: Ga.