JONES v. STATE

65040, 65041.

165 Ga. App. 36 (1983)

299 S.E.2d 576

JONES et al. v. THE STATE. WIMBERLY v. THE STATE.

Court of Appeals of Georgia.

Decided January 4, 1983.


Attorney(s) appearing for the Case

Frank B. Hester, for appellants (case no. 65040).

Michael C. Cherof, for appellant (case no. 65041).

Stephen A. Williams, District Attorney, Marcus R. Morris, J. O. Partain III, Assistant District Attorneys, for appellee.


POPE, Judge.

Defendants George Jones, Timothy Foster, Mark Wimberly and one Floyd Dixon were indicted for burglary, theft by taking and, all except Dixon, for being habitual felons. They pleaded not guilty. A joint trial was scheduled but Dixon was severed because he made an outburst in open court. The trial of defendants Jones, Foster and Wimberly ended with a hung jury and a mistrial was declared. Upon retrial, defendants were found guilty of both burglary and theft...

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