Smith v. State

Blackwell, Justice.

Not quite eight years ago, this Court held in Zigan v. State, 281 Ga. 415 (638 SE2d 322) (2006), that the State may insist that an accused be tried by a jury, even when the accused would prefer to be tried by a judge. Today, Ebony Passion Smith asks us to reconsider Zigan, urging that it was decided incorrectly and ought to be overruled. Smith was tried by a Houston County jury and convicted of murder and the unlawful possession of a firearm during the commission of a felony. Smith would have preferred to be tried by a judge, but the State insisted that she be tried by…