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BATTON v. STATE

S90A0471.

260 Ga. 127 (1990)

391 S.E.2d 914

BATTON v. THE STATE.

Supreme Court of Georgia.

Decided April 25, 1990.

Attorney(s) appearing for the Case

John R. Thigpen, Sr., for appellant.

Harry D. Dixon, Jr., District Attorney, George E. Barnhill, Assistant District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf, for appellee.

CLARKE, Chief Justice.

Appellant was sentenced to two consecutive life sentences for the murder and armed robbery of Lincoln Lindburgh Tanner and to terms of years, to run concurrently with the life sentences, for burglary and theft by taking of a motor vehicle belonging to Tanner.1 The state sought the death penalty in this case, but the jury hopelessly deadlocked during the sentencing phase, and the judge declared

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