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BARNER v. STATE

52303, 52304, 52305, 52306.

139 Ga. App. 50 (1976)

227 S.E.2d 874

BARNER et al. v. THE STATE. BEAL v. THE STATE. SMALLWOOD v. THE STATE. HOLLAND v. THE STATE.

Court of Appeals of Georgia.

Decided June 14, 1976.

Attorney(s) appearing for the Case

Paris & Burkett, Richard J. Burkett, for appellants (case nos. 52303 and 52306).

W. Michael Strickland, for appellant (case no. 52304).

Healan & Mason, William D. Healan, Jr., for appellant (case no. 52305).

Nat Hancock, District Attorney, for appellee.

DEEN, Presiding Judge.

1. The appellants in 52303 urge that the indictment against them should have been dismissed. The case was originally called on February 9, 1976, issue was joined and the clerk began to call the names of the first 42 jurors. The state thereupon announced that it could not proceed and that it would call another case, because the appellants had filed a motion to suppress. Then the names of the entire jury panel were called to determine their presence...

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