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SMITH v. STATE

No. A00A0586.

536 S.E.2d 561 (2000)

244 Ga. App. 667

SMITH v. The STATE.

Court of Appeals of Georgia.

June 28, 2000.

Attorney(s) appearing for the Case

Steven E. Phillips, Atlanta, for appellant.

Paul L. Howard, Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, for appellee.

POPE, Presiding Judge.

Clarence E. Smith was charged with armed robbery, terroristic threats, and kidnapping. He was acquitted of armed robbery, terroristic threats, and kidnapping but convicted of the lesser offense of robbery and sentenced to serve 12 years.

On the night of May 2, 1996, Smith and Norris Galbert drank a few beers together at Galbert's home. Smith was a neighbor and had been to Galbert's house at...

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