Smith v. State

The appellee, Terry Allen Smith, was convicted of manslaughter by a Houston County jury. The Court of Criminal Appeals reversed the conviction and remanded for a new trial.554 So.2d 449. This Court granted the writ of certiorari on petition by the State. We affirm in part, reverse in part, and remand with instructions.

The issue is whether a defendant in a criminal case is entitled to a hearing, outside the presence of the jury, to determine the admissibility of his extrajudicial statements that were heard by a law enforcement officer in a non-custodial setting.

The jury found Smith guilty of…