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FUGITT v. STATE

40925, 40926.

253 Ga. 311 (1984)

319 S.E.2d 829

FUGITT v. THE STATE (two cases).

Supreme Court of Georgia.

Rehearing Denied September 26, 1984.

Attorney(s) appearing for the Case

Philip L. Ruppert, for appellant.

Robert E. Keller, District Attorney, William L. McKinnon, Jr., Assistant District Attorney, Michael J. Bowers, Attorney General, Paula K. Smith, Staff Assistant Attorney General, for appellee.

HILL, Chief Justice.

In Fugitt v. State, 251 Ga. 451, 452 (307 S.E.2d 471) (1983), we reversed the conviction and death sentence of the defendant because, on extraordinary motion for new trial based on newly discovered evidence, it appeared that the state's case had been partially based upon perjured testimony. In so ruling, we did not reach several instances of alleged prosecutorial misconduct...

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