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TILLER v. STATE

24724.

224 Ga. 645 (1968)

164 S.E.2d 137

TILLER v. THE STATE.

Supreme Court of Georgia.

Decided October 10, 1968.

Attorney(s) appearing for the Case

Hester & Hester, Frank B. Hester, Stanley H. Nylen, Burruss & Nylen, for appellant.

Lewis R. Slaton, Solicitor General, Carter Goode, Amber W. Anderson, J. Walter LeCraw, for appellee.

UNDERCOFLER, Justice.

The Court of Appeals has requested an answer to the following certified question: "Where a defendant in a criminal case does not complain of the giving or the failure to give an instruction to the jury prior to the jury verdict or in his motion for new trial, does this court have jurisdiction to consider the question? See Section 17 of the Appellate Practice Act of 1965, as amended (Ga. L. 1968, pp. 1072, 1078); Calhoun v. State,

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