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BROOKS v. STATE

S95A0215, S95A0258 and S95A0265.

458 S.E.2d 349 (1995)

265 Ga. 548

BROOKS v. The STATE (three cases).

Supreme Court of Georgia.

June 30, 1995.

Attorney(s) appearing for the Case

Bert W. Cohen, Marietta, John B. Sumner, Woodstock, for Derreck Wayne Brooks in Nos. S95A0215 and S95A0265.

Bruce Hornbuckle, Asst. Dist. Atty., Marietta, Susan V. Boleyn, Asst. Atty. Gen., Dept. of Law, Atlanta.

Thomas J. Charron, Dist. Atty., Debra H. Bernes, Nancy I. Jordan, Bruce D. Hornbuckle, Asst. Dist. Attys., Marietta, Michael J. Bowers, Atty. Gen., Susan V. Boleyn, Sr. Asst. Atty. Gen., Marla-Deen Brooks, Asst. Atty. Gen., Atlanta, for the State.

BENHAM, Presiding Justice.

Derreck and Paul Brooks, brothers, were convicted of felony murder for the stabbing death of Randy Wallace.1 The evidence at trial showed that the Brookses spent the evening preceding the killing with Wallace and several others, drinking, smoking marijuana, playing cards, and shooting pool. When the bar where they were drinking closed at 2:00 a.m., the Brookses returned...

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