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Smith v. State

There is no chain of custody requirement for the admission of videotapes.

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A jury in Bartow County convicted Christopher Matthew Smith of malice murder, false imprisonment, armed robbery, and other crimes related to the shooting death of Ed Shockley and an associated crime spree.1 On appeal, Smith contends, among other things, that the State improperly commented on his failure to testify. Finding no error, we affirm. 1. The evidence presented at trial shows that during the week preceding the crimes, Smith stole a gun from the house of an acquaintance. On March 30, 1995, Smith entered the house where Dr. Paul Nichols lived with his wife, Mary, and robbed Dr. Nichols of his wallet and car keys at gunpoint. He then used tape to subdue both Paul and Mary Nichols, stole their Cadillac, and fled.

A short time later, Smith entered Ed Shockley’s home. Shockley’s wife, Laurell, heard repeated gunfire coming from near the front door of their home, and then heard Ed screaming. She ran to the scene and found Ed, who later died from his wounds, lying in a pool of blood.

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