Smith v. State

Smith, Justice.

The appellant, Marvin Smith, was indicted, tried, and convicted of all counts of a six-count indictment. The counts were: (1) malice murder, (2) felony murder with aggravated assault as the underlying felony, (3) felony murder while in the commission of the offense of possession of a firearm by a convicted felon, (4) possession of a firearm by a convicted felon, (5) possession of a firearm during the commission of a crime, and (6) violating the Georgia Controlled Substances Act. Prior to jury selection, the appellant moved to sever counts three (3) and four (4) from the…