State v. Williams

Summary

The Supreme Court of Georgia affirmed the trial court’s grant of new trials after the court instructed the jury that particular witnesses were accomplices to the defendants on specified counts. Naming the witnesses as accomplices necessarily expressed an opinion that the defendants participated in the crimes, triggering mandatory reversal under OCGA § 17-8-57 (c), regardless of the absence of an objection or other general instructions. The defendants may be retried on the counts of conviction supported by constitutionally sufficient evidence, but not on counts on which they were acquitted.