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SMITH v. STATE

No. S08A0256.

663 S.E.2d 155 (2008)

SMITH v. The STATE.

Supreme Court of Georgia.

June 30, 2008.

Attorney(s) appearing for the Case

Sarah L. Gerwig-Moore, Mercer Law School, Leslie Ann Eanes, Walter F. George School of Law, Joel Callaway, Walter F. George School of Law, Macon, GA, for appellant.

Howard Z. Simms, Dist. Atty., Nancy S. Malcor, Asst. Dist. Atty., Dorothy V. Hull, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Sara K. Sahni, Asst. Atty. Gen., for appellee.

SEARS, Chief Justice.

The appellant, Tavaris Smith, appeals from his conviction for the murder of his wife.1 On appeal, Smith contends that the trial court erred when it required him to present his claim that he shot his wife while sleepwalking pursuant to the defense of not guilty by reason of insanity instead of pursuant to the defense that he was unaware of his actions and lacked the intent...

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