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HOWARD v. STATE

31012.

237 Ga. 471 (1976)

228 S.E.2d 860

HOWARD v. THE STATE.

Supreme Court of Georgia.

Decided September 8, 1976.

Attorney(s) appearing for the Case

Jack H. Affleck, for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.

HILL, Justice.

Certiorari was granted to determine whether it was error in this criminal case to instruct the jury pursuant to Code § 38-409 that acquiescence or silence, when the circumstances require an answer or denial, may amount to an admission.

The Court of Appeals in a panel decision (Howard v. State, 137 Ga.App. 352 (223 S.E.2d 745

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