SMITH v. STATE

No. A05A0364.

614 S.E.2d 855 (2005)

273 Ga. App. 220

SMITH v. The STATE.

Court of Appeals of Georgia.

May 10, 2005.


Attorney(s) appearing for the Case

Mau & Kondritzer, Kenneth D. Kondritzer, Atlanta, for appellant.

Paul L. Howard, Jr., District Attorney, Peggy R. Katz, Assistant District Attorney, for appellee.


MIKELL, Judge.

Rahim R. Smith appeals from the denial of his motion for new trial following his conviction of armed robbery, contending that the trial court erred in giving the pattern jury charge on the reliability of eyewitness identification. Specifically, Smith argues that it was error to inform the jury that it could consider the witness's "level of certainty" as a factor in determining the credibility of the witness's testimony. The court charged the jury as...

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