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WELLS v. STATE

43470.

180 Ga. App. 139 (1986)

JAMES F. WELLS v. THE STATE.

Court of Appeals of Georgia.

Decided September 2, 1986.

Attorney(s) appearing for the Case

James R. McKay, for appellant.

Stephen F. Lanier, District Attorney, Barry Irwin, Assistant District Attorney, for appellee.

This Court — in State v. Stephens, 252 Ga. 181 (311 S.E.2d 823) (1984) — already having construed Georgia Constitution 1983, Art. I, Sec. I, Par. XIII as requiring the "totality of the circumstances" test, this appeal urging the unfairness of the rule as applied to the facts of this case necessitates merely an application of the Constitution, rather than a construction, such as would...

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