Petitioner John Eldon Smith, a/k/a Anthony Isalldo Machetti, was convicted on two counts of murder in the Superior Court of Bibb County, Georgia and on January 30, 1975 was sentenced to die. The Georgia Supreme Court affirmed both his conviction and sentence, Smith v. State, 236 Ga. 12, 222 S.E.2d 308, cert. denied, 428 U.S. 910, 96 S.Ct. 3224, 49 L.Ed.2d 1219 (1976), and the United States Supreme Court denied certiorari. Smith v. Georgia, 428 U.S. 910, 96 S.Ct. 3224, 49 L.Ed.2d 1219 (1976).

John Eldon Smith, also known as Anthony Isalldo Machetti, was convicted of the shotgun slayings of his wife's former husband and second wife, and was sentenced to death. His conviction was affirmed in Smith v. State, 236 Ga. 12 ( 222 S.E.2d 308) (1976), cert. denied, 428 U.S. 910 ( 96 S.C. 3224, 49 L.Ed.2d 1219) (1976), and the denial of his first state habeas was also affirmed in Smith v. Hopper, 240 Ga. 93 ( 239 S.E.2d 510) (1977), cert. denied, 436 U.S. 950 ( 98 S.C. 2859, 56 L.Ed.2d 793) (1978). Smith's federal habeas petition was denied in an unpublished order from the Middle District of Georgia and affirmed on appeal in Smith v. Balkcom, 660 F.2d 573 (5th Cir. 1981), modified on rehearing, 671 F.2d 858 (5th Cir. 1982).

But see Arnold v. State, 236 Ga. 534 (1976). An attack similar to one raised here was overruled in Smith v. State, 236 Ga. 12 (5) ( 222 S.E.2d 308). This enumeration is found to be without merit. 7. Sentence Review: To authorize affirmance, the death penalties imposed in this case must conform to the standards set forth in Code Ann. § 27-2534.1. This court must determine (a) whether the sentences of death were imposed under the influence of passion, prejudice, or any other arbitrary factor; (b) whether the evidence supports the jury's findings of statutory aggravating circumstances; and (c) whether the sentences of death are excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.

The nine multiple murder cases selected for comparison likewise illustrate that the death penalty is imposed in such cases. (Two such cases, Smith v. State, 236 Ga. 12 ( 222 S.E.2d 308) (1976), and Strickland v. State, 247 Ga. 219 ( 275 S.E.2d 29) (1981), were also considered as "domestic" cases.) In sum, we find that the similar domestic and multiple murder cases listed in the Appendix support the affirmance of the death penalty.

Our decision here reflects the full consideration of the merits of the case based on the record from the trial and both habeas corpus proceedings, voluminous briefing at the trial and appellate stage, extensive oral argument, and the Court's independent research on the legal issues involved. To understand our decision, insofar as it relates to the abuse of the writ and the waiver issues, it is helpful to review a chronology of the prior proceedings in this case: Smith v. State, 236 Ga. 12 222 S.E.2d 308Cert. denied, Smith v. Georgia, 428 U.S. 910 96 S.Ct. 3224 49 L.Ed.2d 1219 Smith v. Georgia, 429 U.S. 874 96 S.Ct. 3224 49 L.Ed.2d 1219 Smith v. Hopper, 240 Ga. 93 239 S.E.2d 510Cert. denied, Smith v. Hopper, 436 U.S. 950 98 S.Ct. 2859 56 L.Ed.2d 793 Smith v. Hopper, 439 U.S. 884 99 S.Ct. 229 58 L.Ed.2d 199 Smith v. Balkcom, 660 F.2d 573 671 F.2d 858 Cert. denied, Smith v. Balkcom, 103 S.Ct. 181 74 L.Ed.2d 148 Smith v. Zant, 250 Ga. 645 301 S.E.2d 32 Although convicted at separate trials, the cases of both petitioner and his wife were consolidated on direct appeal, since, with minor exceptions, the enumerated errors were common to both cases.

Walder v. United States, 347 U. S. 62 ( 74 SC 354, 98 LE 503) (1954). See also Smith v. State, 236 Ga. 12 (10) ( 222 SE2d 308) (1976) (possibly unlawfully-obtained letter which defendant wrote to his wife in his own hand was admissible to impeach his inconsistent trial testimony). In this case, the journals were properly used for impeachment only. Appellant testified that the journals were hers and written by her. After appellant testified on direct that she loved the victim and that she was physically abused by him, the State used the journals to contradict this testimony by questioning appellant about several journal entries, made over the course of 18 months leading to her husband's death, in which she wrote that she wanted to "kill Bill [the victim]," and by questioning appellant about why she failed to mention in her journals any episodes of alleged physical abuse by her husband.

Indeed, "`[t]he bifurcated trial was created to withhold matters inadmissible on the issue of guilt or innocence from the jury until that issue ha[s] been determined.'" Smith v. State, 236 Ga. 12, 20 (6) ( 222 SE2d 308) (1976). See also Gregg v. Georgia, 428 U. S. 153, 190-192 (IV) (A) (96 SC 2909, 49 LE2d 859) (1976) (suggesting that a bifurcated trial procedure most effectively reduces the influence of irrelevant, prejudicial factors in guilt determinations in death penalty trials).

APPENDIXWellons v State, 266 Ga. 77 ( 463 S.E.2d 868) (1995); McMichen v. State, 265 Ga. 598 ( 458 S.E.2d 833) (1995); Potts v. State, 261 Ga. 716 ( 410 S.E.2d 89) (1991); Crawford v. State, 257 Ga. 681 ( 362 S.E.2d 201) (1987); Childs v. State, 257 Ga. 243 ( 357 S.E.2d 48) (1987); Devier v. State, 253 Ga. 604 ( 323 S.E.2d 150) (1984); Chambers v. State, 250 Ga. 856 ( 302 S.E.2d 860) (1983); Strickland v. State, 247 Ga. 219 ( 275 S.E.2d 29) (1981); Mulligan v. State, 245 Ga. 266 ( 264 S.E.2d 204) (1980); Smith v. State, 236 Ga. 12 ( 222 S.E.2d 308) (1976). BENHAM, Chief Justice.

APPENDIX. Osborne v. State, 263 Ga. 214 ( 430 S.E.2d 576) (1993); Hall v. State, 261 Ga. 778 ( 415 S.E.2d 158) (1991); Hightower v. State, 259 Ga. 770 ( 386 S.E.2d 509) (1989); Putman v. State, 251 Ga. 605 ( 308 S.E.2d 145) (1983); Wilson v. State, 250 Ga. 630 ( 300 S.E.2d 640) (1983); Gilreath v. State, 247 Ga. 814 ( 279 S.E.2d 650) (1981); Strickland v. State, 247 Ga. 219 ( 275 S.E.2d 29) (1981); Mulligan v. State, 245 Ga. 266 ( 264 S.E.2d 204) (1980); Smith v. State, 236 Ga. 12 ( 222 S.E.2d 308) (1976). DECIDED JULY 14, 1995 — RECONSIDERATION DENIED JULY 28, 1995.

APPENDIX.Baxter v. State, 254 Ga. 538 ( 331 S.E.2d 561) (1985); Castell v. State, 250 Ga. 776 ( 301 S.E.2d 234) (1983); Tucker v. State, 245 Ga. 68 ( 263 S.E.2d 109) (1980); Davis v. State, 241 Ga. 376 ( 247 S.E.2d 45) (1978); Douthit v. State, 239 Ga. 81 ( 235 S.E.2d 493) (1977); Stephens v. State, 237 Ga. 259 ( 227 S.E.2d 261) (1976); Spencer v. State, 236 Ga. 697 ( 224 S.E.2d 910) (1976); Smith v. State, 236 Ga. 12 ( 222 S.E.2d 308) (1976).