HARTLEY v. STATE

A89A0457.

192 Ga. App. 166 (1989)

384 S.E.2d 204

HARTLEY v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied July 7, 1989.


Attorney(s) appearing for the Case

John E. Sawhill III, William F. Sparks, for appellant.

Jack O. Partain III, District Attorney, Kermit N. McManus, Assistant District Attorney, for appellee.


BENHAM, Judge.

This appeal is from appellant's conviction of burglary. He complains of the State's use of evidence of a previous burglary for which he was tried and acquitted, and of prosecutorial misconduct. We agree that the introduction of evidence concerning the burglary of which appellant was acquitted was error, and reverse.

1. At the trial of the burglary of which appellant was acquitted, he did not deny his presence at the burglary, but swore that...

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