BRINKLEY v. STATE

41272, 41273, 41319.

253 Ga. 541 (1984)

322 S.E.2d 49

BRINKLEY v. THE STATE. THE STATE v. BRINKLEY et al. SMITH v. THE STATE.

Supreme Court of Georgia.

Rehearing Denied November 16, 1984.


Attorney(s) appearing for the Case

Hester & Hester, Frank B. Hester, for Brinkley.

Lewis R. Slaton, District Attorney, Benjamin H. Oehlert III, Assistant District Attorney, Michael J. Bowers, Attorney General, for State.

L. David Wolfe, for Smith.


GREGORY, Justice.

Marvin Brinkley and Richard James Smith were convicted of feticide and multiple counts of armed robbery in Fulton Superior Court. They attack their convictions for feticide on the ground the code section, OCGA § 16-5-80, is constitutionally infirm due to vagueness. We disagree and affirm. The State appealed from the order of the trial court setting aside convictions for aggravated assault. As agreed by counsel at oral argument, we do not reach...

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