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LAMBERSON v. STATE

No. S95A1298.

462 S.E.2d 706 (1995)

265 Ga. 764

LAMBERSON v. STATE.

Supreme Court of Georgia.

October 16, 1995.

Attorney(s) appearing for the Case

Gary R. Pelphrey, Pelphrey and Pelphrey, Marietta, for Lamberson.

Thomas J. Charron, Dist. Atty., Debra Halpern Bernes, Frank R. Cox, Nancy I. Jordan, Asst. Dist. Attys., Marietta, for State.

HINES, Justice.

Lamberson was arrested July 31, 1994, and charged with felony theft by taking and financial transaction card fraud. Acting pursuant to OCGA § 17-7-70.1, the Cobb County District Attorney instituted criminal prosecution against Lamberson by felony accusation, rather than seeking an indictment by the grand jury. Lamberson filed what she styled a "Motion for Writ of Habeas Corpus" asserting that this statute violates both the Fifth and Fourteenth...

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