SALLEY v. STATE

S91G1022.

262 Ga. 1 (1992)

412 S.E.2d 836

SALLEY v. THE STATE.

Supreme Court of Georgia.

Reconsideration Denied February 26, 1992.


Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Virgil L. Brown, Bentley C. Adams III, Eric D. Hearn, for appellant.

W. Fletcher Sams, District Attorney, J. David Fowler, Assistant District Attorney, for appellee.


PER CURIAM.

It appearing that the writ of certiorari was improvidently granted, it is hereby vacated.

Clarke, C. J., Bell, Benham and Fletcher, JJ., concur; Weltner, P. J., and Hunt, J., dissent.

WELTNER, Presiding Justice, dissenting.

I dissent.

The Court of Appeals finds a distinction between the use of a file by a witness "to refresh her recollection or memory of the precise total number of times she had met with the victim...

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