Smith v. State; Mack v. State
Annotate this CaseDefendants, Thomasina Beverly Mack and Demario Steven Smith, were convicted of the malice murder of Mack's 30 month old child, who died as a result of blunt-force head trauma and strangulation. The court held that the trial court did not err when it denied Mack's motion for a directed verdict of acquittal or in denying Mack's motion to sever her trial from that of Smith; allowed the testimony of the deputy examiner; overruled Mack's objections to the prosecutor's closing argument; denied the portion of Smith's motion for new trial alleging ineffective assistance of trial counsel; and denied Smith's motion to continue the hearing on the motion for new trial. Accordingly, the judgments were affirmed.
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