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SMITH v. STATE

No. A08A2421.

676 S.E.2d 750 (2009)

SMITH v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied April 3, 2009.

Attorney(s) appearing for the Case

Stephen N. Hollomon, Warner Robins, for appellant.

Denise D. Fachini, Dist. Atty., Cheri L. Nichols, Asst. Dist. Atty., for appellee.

MILLER, Chief Judge.

A Dooly County jury convicted Leonard Smith on three counts of false statements and writings (OCGA § 16-10-20). Smith appeals from the trial court's order denying his motion for a new trial, arguing that the trial court erred in (i) denying his plea in abatement and motion to dismiss indictment filed pursuant to OCGA §§ 17-7-52 and 45-11-4; (ii) admitting irrelevant, inflammatory evidence during cross-examination of a defense witness...

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