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CLAYTON v. STATE

55327.

145 Ga. App. 541 (1978)

244 S.E.2d 67

CLAYTON v. THE STATE.

Court of Appeals of Georgia.

Decided March 16, 1978.

Rehearing Denied March 31, 1978.

Attorney(s) appearing for the Case

Cletus W. Bergen, II, for appellant.

Andrew J. Ryan, III, District Attorney, Stephen R. Yekel, Robert M. Hitch, III, Assistant District Attorneys, for appellee.

BELL, Chief Judge.

Defendant was convicted of the possession and sale of heroin. Held:

1. The indictment alleged that the offense was committed on October 8, 1975. Defendant was arrested on April 27, 1976, the day after the indictment was returned. He maintained that due to the protracted period between the alleged offense and arrest he could not reconstruct his whereabouts on October 8, 1975. The trial court denied defendant's motion to dismiss the...

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