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FOSTER v. STATE

55479.

145 Ga. App. 595 (1978)

244 S.E.2d 118

FOSTER et al. v. THE STATE.

Court of Appeals of Georgia.

Decided April 5, 1978.

Attorney(s) appearing for the Case

Cain & Cain, William S. Cain, Jr., for appellants.

William J. Smith, District Attorney, J. Gray Conger, Assistant District Attorney, for appellee.

BELL, Chief Judge.

The defendants Foster, Moses and Taylor were convicted of aggravated sodomy. Held:

1. A rebuttal witness was called to testify whose name was not on the list of witnesses supplied to defendant. The district attorney stated in his place that he was not aware of this witness at the time of furnishing defendant with a list of witnesses. This statement authorized the use of the witness under...

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