Smith v. State

Adams, Judge.

A Chatham County jury convicted Michael G. Smith of kidnapping, aggravated assault, and burglary. On appeal, Smith claims that the trial court erred in denying his motion for a mistrial after the State, without complying with Uniform Superior Court Rule 31.3, introduced evidence of an independent act placing his character into issue. We agree.

Viewed in the light most favorable to the jury’s verdict, the evidence shows that Eric Peden met Rodney Milledge through work. Peden and Milledge socialized and Milledge went to Peden’s apartment two or three times. They discussed the…