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MESSER v. STATE

36836.

247 Ga. 316 (1981)

276 S.E.2d 15

MESSER v. THE STATE.

Supreme Court of Georgia.

Rehearing Denied March 18, 1981.

Attorney(s) appearing for the Case

John E. Sawhill III, for appellant.

W. A. Foster III, District Attorney, Barbara V. Tinsley, Assistant District Attorney, Arthur K. Bolton, Attorney General, Mary Beth Westmoreland, Assistant Attorney General, for appellee.

GREGORY, Justice.

This is a death case. The defendant was convicted of the murder and kidnapping with bodily injury of his eight-year-old niece. The jury fixed the defendant's punishment as death for the murder, finding as the aggravating circumstances that the offense of murder was committed while the offender was engaged in the capital felony of kidnapping with bodily injury (Code Ann. § 27-2534.1 (b) (2)), and that the offense of murder was outrageously or...

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