SMITH v. STATE

No. S09A0224.

681 S.E.2d 161 (2009)

SMITH v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied August 11, 2009.


Attorney(s) appearing for the Case

Oliver J. Browning Jr., Buchanan, for appellant.

Robert E. Brooks, Jr., District Attorney, Craig E. Miller, Assistant District Attorney, Thurbert E. Baker, Attorney General, for appellee.


MELTON, Justice.

Following a bench trial, Ronald Dale Smith appeals his conviction for first degree homicide by vehicle, contending that the evidence was insufficient to support the conviction and that the homicide by vehicle statute (OCGA § 40-6-393(a)) is unconstitutional. We affirm.

1. Viewed in the light most favorable to the verdict, the evidence reveals that, on March 8, 2005, Smith, an escaped prisoner from Florida, was driving a white Dodge pick...

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