SPIVEY v. STATE

25154.

225 Ga. 279 (1969)

168 S.E.2d 157

SPIVEY v. THE STATE.

Supreme Court of Georgia.

Decided May 8, 1969.


Attorney(s) appearing for the Case

Wright, Reddick & Faircloth, Mallon Faircloth, for appellant.

D. E. Turk, District Attorney, Arthur K. Bolton, Attorney General, Marion O. Gordon, Courtney Wilder Stanton, Assistant Attorneys General, for appellee.


ALMAND, Presiding Justice.

Bobby Spivey was indicted for the murder of Lizzie Pearl Bass. He was found guilty with a recommendation of mercy and sentenced to life imprisonment. His motion for a new trial on the general grounds and one special ground was overruled, and he brings his case here for review.

In giving his version of the shooting, the defendant, in his statement to the jury, said, "Well I wasn't there at the time, well I was off, and I came home...

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