Smith v. State

Miller, Judge.

Craig V. Smith was tried before a jury and found guilty of robbery, armed robbery, hijacking a motor vehicle, and aggravated assault. On direct appeal, he was granted a new trial due to an “illegally constituted jury.” At a hearing on January 26, 1999, Smith moved for discharge and acquittal under OCGA § 17-7-171 (b). The court twice orally denied Smith’s motion, once on January 26 and again on February 2. On February 5, he filed a notice of appeal from the January 26 denial. He later filed an “amended” notice of appeal from the court’s February 2 denial. But “[i]t is elementary…