Smith v. State

Sears, Justice.

Appellant Edward Smith appeals from his convictions for murder, first degree arson, aggravated battery, and aggravated assault, alleging that the trial court erred in two of its dealings with the jury, and in admitting into evidence the hearsay statements of an unavailable witness. We conclude that the trial court’s actions both in empaneling the jury and in seating an alternate juror were entirely appropriate and exercised within the sound discretion of the trial judge. While we conclude that the trial court’s admission of hearsay testimony under the necessity exception was…