Smith v. State

Appellant, Danny Smith, was convicted of felony murder and sentenced to life imprisonment. His conviction for burglary was set aside by the trial court as an included offense of felony murder. Under the evidence, the jury was authorized to find that the victim, a law enforcement officer, was killed by appellant’s brother, Gene Lamar Smith, while he and appellant were burglarizing a home. Gene Lamar Smith was also convicted of murder in a separate trial and that conviction has been affirmed by this court in Smith v. State, 245 Ga. 168 (1980).

1. Appellant’s enumerations of error 4,7,8,9 and 10…