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STATE v. MALONE

52323.

139 Ga. App. 197 (1976)

228 S.E.2d 168

THE STATE v. MALONE.

Court of Appeals of Georgia.

Decided June 17, 1976.

Rehearing Denied July 2, 1976.

Attorney(s) appearing for the Case

Fred M. Hasty, District Attorney, Walker P. Johnson, Jr., W. Donald Thompson, Assistant District Attorneys, for appellant.

Adams, O'Neal, Hemingway, Kaplan, Stone & Brown, H. T. O'Neal, Jr., Manley F. Brown, for appellee.

McMURRAY, Judge.

Defendant was indicted for murder. The indictment alleges the victim was killed while the defendant was in the commission of a felonious attack and assault upon the victim (commission of a felony). The felony was thereafter described as "aggravated assault with a deadly weapon." General and special demurrers were filed and after a hearing same were granted, and the indictment ordered dismissed. The state...

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