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NEWTON v. STATE

S89A0434.

259 Ga. 853 (1990)

388 S.E.2d 698

NEWTON v. THE STATE.

Supreme Court of Georgia.

Decided March 1, 1990.

Attorney(s) appearing for the Case

Michael J. Classens, for appellant.

J. Lane Johnston, District Attorney, R. J. Martin III, Assistant District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, for appellee.

BELL, Justice.

Appellant Chester Newton appeals his convictions for malice murder and rape.1 We affirm the murder conviction and reverse the rape conviction.

Appellant and the victim lived near each other, close to a school in Effingham County. According to appellant, the victim had formerly been his girl friend, and they had engaged in sex together. Several witnesses testified that appellant had attempted to rape the victim behind...

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