THAXTON v. STATE

23883.

223 Ga. 59 (1967)

153 S.E.2d 415

THAXTON v. THE STATE.

Supreme Court of Georgia.

Decided January 19, 1967.


Attorney(s) appearing for the Case

Adams, O'Neal, Steele, Thornton & Hemingway, H. T. O'Neal, for appellant.

Jack J. Gautier, Solicitor General, Fred M. Hasty, Arthur K. Bolton, Attorney General, G. Ernest Tidwell, Executive Assistant Attorney General, Carter A. Setliff, Assistant Attorney General, for appellee.


UNDERCOFLER, Justice.

Patrick W. Thaxton was convicted of the murder of his wife, Sally Combs Thaxton. The jury recommended mercy and he was sentenced to life imprisonment. The defendant's motion for new trial was overruled and he appeals to this court specifying in his enumeration of errors that, (1) the evidence was insufficient to support the verdict, (2) there was a fatal variance between the allegations in the indictment and the proof on the trial concerning...

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