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BURGER v. STATE

33807.

242 Ga. 28 (1978)

247 S.E.2d 834

BURGER v. THE STATE.

Supreme Court of Georgia.

Decided September 5, 1978.

Attorney(s) appearing for the Case

Gibbs, Leaphart & Smith, T. Alvin Leaphart, for appellant.

Glenn Thomas, Jr., District Attorney, John B. Johnson, III, Assistant District Attorney, Arthur K. Bolton, Attorney General, William B. Hill, Jr., Staff Assistant Attorney General, for appellee.

JORDAN, Justice.

Christopher A. Burger and Thomas D. Stevens were indicted for the murder of Roger E. Honeycutt. Tried separately, both were convicted and sentenced to death. For Stevens' appeal and additional facts, see Stevens v. State, 242 Ga. 34.

The evidence produced on Burger's trial established the following facts:

On the evening of Sept. 4, 1977, Burger and Stevens, both soldiers in the U. S. Army stationed...

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