SMITH v. STATE

64117.

162 Ga. App. 821 (1982)

292 S.E.2d 423

SMITH v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied July 6, 1982.


Attorney(s) appearing for the Case

James C. Abernathy, for appellant.

Glenn Thomas, Jr., District Attorney, John B. Johnson III, Assistant District Attorney, for appellee.


BANKE, Judge.

The appellant and Ivey J. Potter were jointly indicted on two counts of conspiracy to commit murder. The appellant was found guilty on both counts, while at a later trial Potter was acquitted on motion for directed verdict. On appeal, the appellant contends that the evidence was insufficient to establish his guilt and that Potter's acquittal is fatally inconsistent with the jury's verdict in his case.

The appellant made a taped confession in...

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