SMITH v. STATE

74723.

184 Ga. App. 739 (1987)

362 S.E.2d 384

SMITH v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied November 4, 1987.


Attorney(s) appearing for the Case

Frank B. Hester, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Benjamin H. Oehlert III, Doris L. Downs, Assistant District Attorneys, for appellee.


BIRDSONG, Chief Judge.

Michael Marceya Smith a/k/a Van Moody a/k/a Michael Scott was tried by jury for armed robbery of a UPS truck and driver, and found guilty. Smith was not present during his trial because he escaped custody of his guard in the courthouse, after the jury had been impaneled but before evidence was taken. Several jurors saw the escape but several did not. Over objection and motion for mistrial, the trial court allowed the guarding deputy to testify...

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