Smith v. State

Defendant-appellant James E. Smith (Smith) was found guilty by jury of conspiracy to commit a felony, to-wit: second degree burglary. Smith presents three issues for review:

1. Whether the court erred in admitting testimony concerning admissions made by a co-conspirator who was in the custody of the police.

2. Whether the court erred in permitting a police officer to testify that certain pry marks at a door were “fresh”.

3. Whether the court erred in admitting certain testimony of the defendant on cross-examination over his objection that it was irrelevant and immaterial.

Resolution of the above…