SMITH v. STATE

No. S06A1762.

637 S.E.2d 400 (2006)

SMITH v. The STATE.

Supreme Court of Georgia.

November 6, 2006.


Attorney(s) appearing for the Case

Carl P. Greenberg, Atlanta, for Appellant.

Thurbert E. Baker, Atty. Gen., Robin Joy Leigh, Asst. Atty. Gen., Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Asst. Dist. Atty., Peggy Ann Katz, Asst. Dist. Atty., for Appellee.


CARLEY, Justice.

Umar Smith was indicted for several offenses arising from the fatal shooting of Kenyon Maddox. Smith did not deny that he shot the victim, but claimed that he acted in self-defense. However, a jury found him guilty of malice murder, felony murder and aggravated assault. Because the guilty verdict as to felony murder was vacated by operation of law and the aggravated assault merged as a matter of fact, the trial court entered judgment of conviction...

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