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SMITH v. STATE

Nos. S96A1116, S96A1310.

477 S.E.2d 827 (1996)

267 Ga. 372

SMITH v. The STATE. GREENE v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied December 6, 1996.

Attorney(s) appearing for the Case

George L. Kimel, Norcross, Robert William Lenzer and Thomas Patrick Lenzer, Lenzer & Lenzer, Norcross, for Marquis Mondrae Smith.

Teddy Lee Henley, Gale and Henley, P.C., Lindale, Marcel D. Greene, Sparta, for Marcel D. Greene.

Stephen F. Lanier, Dist. Atty., Rome, Charles Stephen Cox, Asst. Dist. Atty., Rome, Michael J. Bowers, Atty. Gen., Department of Law, Atlanta, Mary Beth Westmoreland, Deputy Atty. Gen., Department of Law, Atlanta, Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, for State.

HINES, Justice.

Co-defendants Marquis M. Smith and Marcel D. Greene engaged in a gunfight on a public street, resulting in the fatal shooting of thirteen-year-old bystander James Johnson. A jury found them guilty of felony murder while in the commission of aggravated assault, aggravated assault, involuntary manslaughter, possession of a firearm during the commission of a crime, discharge of a gun near a public highway and...

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