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HOLCOMB v. KIRBY

43112, 43113.

117 Ga. App. 266 (1968)

160 S.E.2d 250

HOLCOMB v. KIRBY; and vice versa.

Court of Appeals of Georgia.

Decided January 11, 1968.

Rehearing Denied January 30 And February 19, 1968.

Attorney(s) appearing for the Case

Woodruff, Savell, Lane & Williams, Edward L. Savell, Burton Brown, for appellant.

Powell, Goldstein, Frazer & Murphy, C. B. Rogers, David R. Aufdenspring, for appellee.

EBERHARDT, Judge.

1. Appellant enumerates as error the charging of both Subsections (a) and (b) of Code § 68-1650 (which he now contends are conflicting) "without giving an explanation as to how they should be resolved." No exception was made to this part of the charge, or as to any failure of the court to charge an "explanation" thereof at any time before verdict, as is required by Code Ann. § 70-207 (a). Consequently, unless

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