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SMITH v. STATE

49422.

132 Ga. App. 491 (1974)

208 S.E.2d 351

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided July 5, 1974.

Rehearing Denied July 23, 1974.

Attorney(s) appearing for the Case

Harrison & Garner, G. Hughel Harrison, for appellant.

Bryant Huff, District Attorney, Gary Davis, for appellee.

BELL, Chief Judge.

The defendant after his arrest was given the warning required by Miranda v. Arizona, 384 U.S. 436 (86 S.C. 1602, 16 LE2d 694, 10 ALR3d 974), and then made an incriminating statement. On cross examination a state's witness testified that he could not recall whether the defendant requested that a lawyer be present at the interrogation and that he was not denying "that he requested a lawyer." Subsequent to this interrogation...

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