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BOWEN v. STATE

34877.

244 Ga. 495 (1979)

260 S.E.2d 909

BOWEN v. THE STATE.

Supreme Court of Georgia.

Decided October 3, 1979.

Rehearing Denied October 23, 1979.

Attorney(s) appearing for the Case

William J. Perry, for appellant.

W. A. Foster, III, District Attorney, Arthur K. Bolton, Attorney General, G. Stephen Parker, Assistant Attorney General, for appellee.

MARSHALL, Justice.

The appellant was convicted of murder and rape. He received a death sentence for the murder conviction and a life imprisonment sentence for the rape conviction. On direct appeal to this court, the underlying convictions were affirmed, as was the life sentence for rape however, the death sentence for murder was set aside due to defects in the instructions to the jury during the presentence hearing. See

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