SCOGA upholds Forsyth Co. murder conviction

ATLANTA - The Supreme Court of Georgia (SCOGA) has unanimously upheld Jill Adaire Smith's convictions for murder and arson in the 2010 death of her husband, Michael Smith.<br /> <br /> Michael and Jill Smith married in 2008 and lived on Kennemore Drive in Forsyth County with her young son, Maize Smith. <br /> <br /> According to prosecutors, on Oct. 22, 2010, Jill Smith called 911 and said the house was on fire and that her husband was missing. Firefighters found Smith lying on the bathroom floor. He was unresponsive and pronounced dead on the way to North Fulton Hospital. <br /> <br /> In her appeal to the Georgia Supreme Court, Smith's attorney argued the evidence was insufficient to prove her guilt because the State never proved who started the fire and the evidence was entirely circumstantial.<br /> <br /> But, the high court rejected the argument. While Jill Smith pointed to evidence of the presence of candles, cigars, incense, matches and lighters that could have led to an accidental fire, and a fire investigation expert testified for the defense that the fire could have started accidentally, the jury heard that evidence, but "it was free to reject appellant's theory," the court's opinion says.<br /> <br /> Furthermore, the Court found no error in the trial court's refusal to instruct jurors about the defense that the fire was an accident <br /> <br /> Writing for the high court's unanimous decision, Justice Robert Benham said the evidence "was sufficient to...to find appellant (Jill Smith) guilty beyond a reasonable doubt..."<br /> <br /> Click on the link below to read more about the case, including the full text of the Supreme Court ruling.<br /> <br /> <br /> <br /> <br />

http://accesswdun.com/article/2014/11/281625