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EUBANKS v. STATE

53495.

144 Ga. App. 152 (1977)

241 S.E.2d 6

EUBANKS v. THE STATE.

Court of Appeals of Georgia.

Decided November 9, 1977.

Rehearing Denied December 1, 1977.

Attorney(s) appearing for the Case

Don E. Snow, for appellant.

Ben J. Miller, District Attorney, Paschal A. English, Jr., J. David Fowler, Assistant District Attorneys, for appellee.

DEEN, Presiding Judge.

1. The Supreme Court has held in this case (239 Ga. 483) that the indictment was not subject to the demurrers interposed. We accordingly vacate our former decision to the contrary in Eubanks v. State, 141 Ga.App. 569 (234 S.E.2d 95).

2. The appellant also enumerated error on the judgment of the trial court overruling his motion...

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