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STATE v. BURRELL

77615.

189 Ga. App. 812 (1989)

377 S.E.2d 898

THE STATE v. BURRELL.

Court of Appeals of Georgia.

Decided January 10, 1989.

Attorney(s) appearing for the Case

Michael H. Crawford, District Attorney, for appellant.

Cathey & Strain, Dennis T. Cathey, for appellee.

BENHAM, Judge.

Appellee, a member of the Rabun County Board of Commissioners, was indicted for malpractice in office, a penal offense prohibited by OCGA § 45-11-4. The State appeals the trial court's order dismissing the indictment. OCGA § 5-7-1 (1).

The one-count indictment alleged that appellee, "being a member of the Board of Commissioners of Rabun County and while acting in his official capacity in the administration and under the color of his...

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