242 Ga. 507 | Ga. | 1978
McCorquodale was. convicted of murder and sentenced to death. We affirmed in McCorquodale v. State, 233 Ga. 369 (211 SE2d 577) (1974). Subsequently, we affirmed denial of habeas corpus in McCorquodale v. Stynchcombe, 239 Ga. 138 (236 SE2d 486) (1977). The United States Supreme Court denied certiorari in both of these cases, and following remittitur by this court a rule nisi issued from the Superior Court of Fulton County to show cause why execution should not be carried out. McCorquodale now appeals the denial of his extraordinary motion for new trial
1. Appellant failed to prove the existence of a grant of immunity to the two eyewitnesses by the state in exchange for their testimony. At the hearing on the motion for new trial, Bonnie Johnson (Succraw), Linda Dearing and other witnesses produced by appellant specifically denied that an agreement was made. A review of the evidence introduced at the original trial and during this hearing on the extraordinary motion shows the two women were intimidated by appellant during the assault upon the victim and that McCorquodale told Linda Dearing in the presence of Bonnie Succraw that they could expect the same treatment if they attempted to leave. Under these circumstances, the state could have reasonably determined there was insufficient evidence to warrant indictment and prosecution of the two girls as co-conspirators to murder, and their subsequent eyewitness testimony would not be subject to attack on the grounds that material evidence was suppressed or that evidence affecting their credibility was nondisclosed. United States v. Agurs, 427 U. S. 97 (96 SC 2392) (1975).
2. There is also no merit in appellant’s contention that the jury was denied the benefit of information that these state witnesses had not been charged in the crime when passing upon the issue of aggravation or mitigation. Counsel for appellant not only knew the women were not being charged before trial, but introduced knowledge of this information in mitigation during his closing argument to the jury at the conclusion of the
Judgment affirmed.
We do not reach the issue of whether or not an extraordinary motion for new trial is appropriate here,