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Smith v. State

The trial court properly refused to allow a defense witness's hearsay testimony that the victim told him he had engaged in a fight using a box cutter.

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A Sumpter County jury found Latorris C. Smith guilty of aggravated assault and voluntary manslaughter for acts Smith perpetrated during an argument with victim James Clyde Neal, which acts resulted in Neal’s death from a gunshot wound to the head. Smith appeals and claims that three errors of law require reversal in the instant case and that his aggravated assault conviction should have merged with his voluntary manslaughter conviction for purposes of sentencing. Upon review, we find no merit to Smith’s enumerated errors, and we affirm.

1. Smith contends his character was improperly placed into evidence by an investigating officer’s testimony that he had seen Smith once at the Americus Police Department when Smith was under investigation.

 
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