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FORTNER v. STATE

36982.

96 Ga. App. 855 (1958)

101 S.E.2d 908

FORTNER et al. v. THE STATE.

Court of Appeals of Georgia.

Decided January 16, 1958.

Attorney(s) appearing for the Case

Howard P. Wallace, S. B. Wallace, for plaintiffs in error.

Andrew J. Whalen, Jr., Solicitor-General, contra.

CARLISLE, Judge.

1. The only witness against the defendants giving direct evidence as to the commission of the crime testified that he participated in the commission of the crime only because the defendants held a knife and a gun on him and forced him to participate. The defendants in their statements merely denied the commission of the crime. Thus, there was no evidence that would authorize a finding that the witness against the defendants was a coparticipant in...

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