225 Ga. 253 (1969)

167 S.E.2d 628


Supreme Court of Georgia.

Decided April 24, 1969.

Attorney(s) appearing for the Case

B. Clarence Mayfiled, for appellant.

Andrew J. Ryan, Jr., District Attorney, Robert E. Barker, Arthur K. Bolton, Attorney General, Marion O. Gordon, Assistant Attorney General, Larry H. Evans, for appellee.

DUCKWORTH, Chief Justice.

This case involves the crime of murder by shooting, occurring during a burglary after the intruder had been discovered by the deceased who was then shot through a closed door. The accused was indicted, tried and convicted without a recommendation for mercy. A motion for new trial, as amended, was filed, heard and overruled, and the appeal is from the judgment, after conviction, and sentence with error enumerated on the denial of the motion...

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