Smith v. State

Shulman, Judge.

In the first appearance of this case, 154 Ga. App. 102 (267 SE2d 629), we reversed the convictions of co-defendants Donald Smith and Gene Smith on the basis of the admission of what we determined was improper and prejudicial evidence. On certiorari, the Supreme Court (246 Ga. 129 (269 SE2d 21)), reversed our evidentiary determination, vacated this court’s opinion, and remanded the case for reconsideration.

For the reasons stated in Division 1, we reverse the conviction of defendant Gene Smith; we affirm the conviction of appellant Donald Smith.

1. Both appellants complain of the…