SMITH v. STATE

36993.

247 Ga. 453 (1981)

276 S.E.2d 633

SMITH v. THE STATE.

Supreme Court of Georgia.

Decided April 9, 1981.


Attorney(s) appearing for the Case

Christopher A. Frazier, Barkley & Barner, Jim Garner, for appellant.

F. Larry Salmon, District Attorney, Arthur K. Bolton, Attorney General, Nicholas G. Dumich, Assistant Attorney General, for appellee.


GREGORY, Justice.

Timothy Renard Smith was convicted of murder in Floyd County Superior Court and sentenced to life imprisonment. The evidence at trial showed that around midnight on June 2, 1979 the defendant and Sheldon Stubbs became involved in an argument outside The Chicken Shack, a pool hall and tavern, in Rome. Subsequently the defendant shot Stubbs in the head. Testimony was conflicting as to whether the defendant was the aggressor or whether he had acted...

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