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SMITH v. STATE

No. S13A0124.

738 S.E.2d 621 (2013)

292 Ga. 478

SMITH v. The STATE.

Supreme Court of Georgia.

February 18, 2013.

Attorney(s) appearing for the Case

James N. Finkelstein, Albany, for appellant.

Matthew Breedon, Chief Asst. Dist. Atty., Gregory W. Edwards, Dist. Atty., Heather Hendricks Lanier, Chief Asst. Dist. Atty., Office of the District Attorney, Paula Khristian Smith, Sr. Asst. Atty. Gen., Samuel S. Olens, Atty. Gen., Department of Law, for appellee.

THOMPSON, Presiding Justice.

Via indictment, appellant Tracy Lashawn Smith was charged with felony murder (predicated on the underlying felony of either aggravated assault or aggravated battery), aggravated assault and aggravated battery.1 The jury found appellant guilty of aggravated assault and aggravated battery,2 but was unable to reach a verdict on the felony murder charge. The trial court granted a mistrial...

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