Johnny Ladell McBee (defendant) and Bobby Gene Simpson, Jr., were jointly indicted for arson in the first degree. Simpson plead guilty and testified for the State at defendant's jury trial. Defendant was found guilty of the crime charged. This appeal followed the denial of defendant's motion for new trial. Held:
2. Defendant contends the trial court erred in denying his motion for new trial, arguing that the State "failed to disclose a potential reward for one of the State's witnesses [pursuant to his demand under Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215)]."
"It is elementary that counsel for the State can make available only such evidence as it has in its file, or of which it has knowledge, and 'is under no requirement to conduct an investigation on behalf of a defendant. . . .' Dalton v. State, 251 Ga. 641 (1) (308 SE2d 835)
." Fuqua v. State, 183 Ga. App. 414
, 416 (1b), 417 (359 SE2d 165
). In the case sub judice, it is undisputed that the State's attorney did not know at the time of trial that any witness testifying for the State was subject to a reward. In fact, the State's attorney stated that he did not know of any such reward until the hearing on defendant's motion for new trial. These circumstances reveal no violation under Brady v. Maryland, 373 U. S. 83, supra. Consequently, the trial court did not err in denying defendant's motion for new trial.