MACKLER v. STATE

39563.

250 Ga. 840 (1983)

301 S.E.2d 888

MACKLER v. THE STATE.

Supreme Court of Georgia.

Rehearing Denied April 25, 1983.


Attorney(s) appearing for the Case

H. Bradford Morris, Jr., for appellant.

Bruce L. Udolf, District Attorney, Charles Henry Frier, Assistant District Attorney, for appellee.


ORDER OF COURT.

After plenary consideration of this matter, it is found not to satisfy the criteria for the grant of certiorari and the writ is therefore vacated.

All the Justices concur, except Smith and Bell, JJ., who dissent.

SMITH, Justice, dissenting.

I dissent. While the competency of witnesses to testify is generally an area within the trial court's discretion, I cannot join in the dismissal of certiorari in this case. Our decision...

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