BARKER v. STATE

29378.

233 Ga. 781 (1975)

213 S.E.2d 624

BARKER v. THE STATE.

Supreme Court of Georgia.

Decided February 11, 1975.

Rehearing Denied February 25, 1975.


Attorney(s) appearing for the Case

Brown, Katz & Dasher, S. Phillip Brown, for appellant.

Fred M. Hasty, District Attorney, Walker P. Johnson, Jr., Assistant District Attorney, Arthur K. Bolton, Attorney General, G. Stephen Parker, Assistant Attorney General, for appellee.


HILL, Justice.

This appeal is from a conviction of murder and sentence of life imprisonment in the Superior Court of Bibb County.

The evidence presented at the trial established that the appellant and two companions, Wayne Mercer and Donny Livingston, had been drinking together at the Po-Boy Drive-In in Macon on the evening of Wednesday, September 23, 1973. The appellant displayed a pump shotgun to a witness and suggested that they go "get a nigger." He, Livingston...

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