No. S98P0790.

510 S.E.2d 1 (1998)

270 Ga. 240


Supreme Court of Georgia.

November 9, 1998.

Attorney(s) appearing for the Case

John A. Beall, IV, Jonesboro, for David Phillip Smith.

Robert E. Keller, Dist. Atty., David Brandon Hornsby, Asst. Dist. Atty., Jonesboro, Thurbert E. Baker, Atty. Gen., Christopher L. Phillips, Asst. Atty. Gen., Susan V. Boleyn, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

Stephen C. Bayliss, Michael Mears, Multi-County Public Defender, James C. Bonner, Jr., Georgia Indigent Defense Council, Atlanta, Joseph L. Chambers, Sr., Prosecuting Attorney's Council of GA, Smyrna, Thomas Michael Martin, Jonesboro, for other interested parties.

HINES, Justice.

David Phillip Smith was convicted of the malice murder of Jeremy Javies as well as theft by receiving stolen property and possession of a firearm during the commission of a felony.1 The jury recommended a death sentence, finding as aggravating circumstances that the murder was committed while the defendant was engaged in the commission of an aggravated battery; and that the murder...

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