Legal Opinion

Smith v. State

Court of Appeals of Georgia

Decided March 6, 1980No. 59248PublishedCited by 2 opinions

1Opinion of the Court

Shulman, Judge.

Co-defendants Donald Smith and Gene Smith appeal their convictions for the offenses of armed robbery, burglary, and aggravated assault. We reverse.

Appellants complain that the submission of a certain inculpatory letter into evidence, without authentication, was error. The letter at issue, signed "Danny, ” was taken from the wallet of Gene Smith, read to the jury, and admitted into evidence, without proof of authorship. Since the document was not properly authenticated, the trial court erred in admitting the writing into evidence. The judgment of the trial court, accordingly,…

2Cases cited3 opinions

  1. Martin v. StateCourt of Appeals of Georgia · 1975
  2. Burden v. StateSupreme Court of Georgia · 1917
  3. Rampley v. StateCourt of Appeals of Georgia · 1950

3Cited by2 opinions

  1. State v. SmithSupreme Court of Georgia · 1980
  2. Smith v. StateCourt of Appeals of Georgia · 1980

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