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McCARTY v. STATE

62765.

161 Ga. App. 444 (1982)

288 S.E.2d 249

McCARTY v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied March 2, 1982.

Attorney(s) appearing for the Case

E. Kontz Bennett, Jr., for appellant.

C. Deen Strickland, District Attorney, Fletcher Sams, Assistant District Attorney, for appellee.

BIRDSONG, Judge.

Jack McCarty was indicted in one count for burglary of Johnny Morgan's house and, jointly with his wife Sheila McCarty in a second count, for the burglary of Ronnie Joiner's house. Appellant and his wife were acquitted of the burglary of Ronnie Joiner's house. As to his conviction for burglary of Johnny Morgan's house, appellant contends that pursuant to Code Ann. § 27-1302 the trial court erred in its refusal to order the state to produce the...

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