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PARTAIN v. STATE

51924.

138 Ga. App. 171 (1976)

225 S.E.2d 736

PARTAIN v. THE STATE.

Court of Appeals of Georgia.

Decided March 18, 1976.

Attorney(s) appearing for the Case

Lewis & Javetz, Emanuel Lewis, for appellant.

Andrew J. Ryan, Jr., District Attorney, Mark Nathan, Assistant District Attorney, for appellee.

EVANS, Judge.

This is the second appearance of these parties in this court. In Partain v. State, 129 Ga.App. 213 (199 S.E.2d 549), this court held that since the defendant, a municipal building inspector, was never in lawful possession of funds of a municipality paid to him by a contractor not to make inspections, the alleged crime was either bribery or extortion. The court held he could...

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