Smith v. State

Gregory, Justice.

Appellant was jointly indicted with Ivy Potter and charged with two counts of conspiracy to commit murder. The trials of the two alleged conspirators were severed. At the first trial, appellant was convicted on both counts of conspiracy by the jury. At a subsequent separate trial, Ivy Potter received a directed verdict of acquittal. Appellant filed a motion in the trial court to set aside his conviction on the ground that one person alone cannot be convicted of conspiracy under Georgia law. The trial court denied the motion and Smith appealed.

The Court of Appeals affirmed the…