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WHITUS v. STATE

23397.

222 Ga. 103 (1966)

149 S.E.2d 130

WHITUS v. THE STATE.

Supreme Court of Georgia.

Decided April 12, 1966.

Rehearing Denied May 5, 1966.

Attorney(s) appearing for the Case

P. Walter Jones, William N. Sinrich, Morris Brown, for appellant.

Fred B. Hand, Jr., Solicitor General, Arthur K. Bolton, Attorney General, Rubye G. Jackson, Assistant Attorney General, for appellee.

QUILLIAN, Justice.

1. (a) The first complaint of the enumeration of errors is: "The court erred in failing to direct a verdict of acquittal for the defendant because of failure of the State to prove, beyond a reasonable doubt, the guilt of the defendant in the crime alleged to have been committed."

It is never error in a criminal case for the judge to refuse to direct a verdict of not guilty. Anglin v. State, 222 Ga. 9

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