Smith v. State

Bell, Justice.

Appellant Charlie Woodrow Smith was convicted of malice murder, aggravated assault, and possession of a firearm by a convicted felon. He appeals, and we affirm in part and remand in part.

1. Appellant’s first enumeration of error is that the trial court erred by denying his motion for new trial on the general grounds.

We disagree. Construed most favorably to the verdict, the evidence showed that on June 26, 1988, appellant and his wife, Marian Gail Smith, were involved in a fracas that arose from his wife’s use of the family vehicle to buy drugs from streetside sellers. A witness…