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STATE v. HOLMES

54056.

142 Ga. App. 847 (1977)

237 S.E.2d 406

THE STATE v. HOLMES.

Court of Appeals of Georgia.

Decided June 22, 1977.

Rehearing Denied July 14, 1977.

Attorney(s) appearing for the Case

Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, William H. McAbee, II, Assistant District Attorneys, for appellant.

Cullen M. Ward, James C. Carr, Jr., for appellee.

QUILLIAN, Presiding Judge.

The state appeals from the sustaining of the demurrer to an indictment brought against defendant. Code Ann. § 6-1001a (Ga. L. 1973, pp. 297, 298). The indictment in question charged the defendant with the offense of murder (Criminal Code of Georgia § 26-1101 (b); Ga. L. 1968, pp. 1249, 1276), in that on November 21, 1976 the defendant "did, while in the commission of another felony, to wit: conspiracy to distribute marijuana, cause...

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