McKIBBEN v. STATE

35066.

90 Ga. App. 8 (1954)

82 S.E.2d 148

McKIBBEN v. THE STATE.

Court of Appeals of Georgia.

Decided April 6, 1954.


Attorney(s) appearing for the Case

A. Tate Conyers, for plaintiff in error.

Paul Webb, Solicitor-General, William E. Spence, Charlie O. Murphy, contra.


GARDNER, P. J.

1. Since the judgment is being reversed on a special ground, we will not discuss the evidence as it relates to the general grounds except to say that the evidence on the second trial, which evidence was substantially the same as on the first trial, would authorize either of three verdicts, one for murder, one for voluntary manslaughter, or one for acquittal.

2. Special ground 1: During the progress of the trial and after evidence had been introduced...

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