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BELL v. STATE

40619.

252 Ga. 267 (1984)

313 S.E.2d 678

BELL v. THE STATE.

Supreme Court of Georgia.

Decided March 7, 1984.

Attorney(s) appearing for the Case

David Markus, for appellant.

James L. Webb, Solicitor, Christina Craddock, Assistant Solicitor, for appellee.

Michael R. Hauptman, amicus curiae.

GREGORY, Justice.

The defendant was convicted under OCGA § 16-11-36 (Code Ann. § 26-2616) for "loitering and prowling." The evidence at trial showed that the arresting officer, a veteran patrol officer in the downtown Atlanta area, observed, near midnight, the defendant and another man squeezing between the wall and a locked gate of the Davison's parking garage in order to exit the garage. When the officer attempted...

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