Smith v. State
Annotate this CaseDefendant was found guilty, among other things, of malice murder and attempting to elude a police officer in connection with a shooting death during a failed drug deal and a subsequent high-speed chase involving five police officers. The court held that, based on the evidence supporting defendant's participation in a felony drug transaction at the time of the fatal shooting, the trial court was authorized to instruct the jury pursuant to OCGA 16-3-21(b)(2). The court also held that the evidence supported the jury's conclusion that defendant willfully led police on a dangerous high speed chase after being given clear signals by five separate police vehicles to stop and therefore, the trial court properly sentenced defendant on five separate counts of attempting to elude a police officer. Finally, the trial court did not abuse its discretion by denying defendant's motion to strike Juror No. 7 for cause and the trial court did not err in its jury instructions. Accordingly, the court affirmed the judgment.
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