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STATE v. TRICE

57575.

150 Ga. App. 588 (1979)

258 S.E.2d 270

THE STATE v. TRICE et al.

Court of Appeals of Georgia.

Decided July 6, 1979.

Attorney(s) appearing for the Case

Harold E. Martin, for appellant.

E. Byron Smith, District Attorney, Howard P. Wallace, for appellees.

DEEN, Chief Judge.

Our Constitution (Art. VI, Sec. XI, Par. II; Code § 2-4002) provides that it shall be the duty of the district attorney to represent the state "in all cases taken up from the superior courts of his circuit to the ... Court of Appeals."

A special prosecutor may take part in the prosecution of a case on behalf of the state, and by inference of an appeal therefrom, "if he was subject to the direction and control of the district attorney...

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