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BALLEW v. STATE

51795.

145 Ga. App. 829 (1978)

245 S.E.2d 169

BALLEW v. THE STATE.

Court of Appeals of Georgia.

Decided May 3, 1978.

Attorney(s) appearing for the Case

Gilbert H. Deitch, Michael Clutter, for appellant.

Hinson McAuliffe, Solicitor, Thomas R. Moran, Jr., Assistant Solicitor, Arthur K. Bolton, Attorney General, for appellee.

WEBB, Judge.

Five jurors aren't enough! There must be at least six. So held the Supreme Court of the United States in four separate opinions reversing this court's decision in Ballew v. State, 138 Ga.App. 530 (227 S.E.2d 65) (1976), ___ U. S. ___ (98 S.C. 1029, 55 LE2d 234) (1978).

In our consideration of the five-man jury issue, we were bound by Sanders v. State,

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