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SMITH v. STATE

No. S04G1878.

614 S.E.2d 79 (2005)

279 Ga. 396

SMITH v. The STATE.

Supreme Court of Georgia.

June 6, 2005.

Attorney(s) appearing for the Case

Marcy Ann Jolles, Benjamin Alston Pearlman, Athens, for Appellant.

Kenneth W. Mauldin, Dist. Atty., Brian Vance Patterson, Asst. Dist. Atty., for Appellee.

BENHAM, Justice.

Tommy Lee Smith was charged by accusation with offenses including felony theft by shoplifting and misdemeanor theft by receiving. After arraignment, the State amended the accusation to change the name of the owner of the goods in one of the theft by receiving counts. At trial on the amended accusation, when the parties realized Smith had not been arraigned after the amendment, Smith moved for a mistrial and the State, after extensive colloquy between...

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