MILLER v. STATE

39126.

250 Ga. 436 (1983)

299 S.E.2d 44

MILLER et al. v. THE STATE.

Supreme Court of Georgia.

Decided January 4, 1983.


Attorney(s) appearing for the Case

Robinson & Chew, Donald T. Robinson, J. Patrick Ward, for appellants.

Gilbert J. Murrah, District Attorney, for appellee.


HILL, Chief Justice.

The Court of Appeals has certified to us the following questions:

"Since [Code Ann.] § 26-9908a is in direct conflict with [Code Ann.] § 26-506 (a) and prior decisions of the Supreme Court:

"(1) Is § 26-506(a) [the statutory double jeopardy provision] superseded by § 26-9908a [providing that the offense of possession of a firearm during the commission of a felony "shall be considered a separate offense"]?

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