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CANTRELL v. STATE

No. S95G1603.

469 S.E.2d 660 (1996)

266 Ga. 700

CANTRELL v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied May 23, 1996.

Attorney(s) appearing for the Case

Troy R. Millikan, Gainesville, for Edward Lamar Cantrell.

Lydia J. Sartain, Dist. Atty., Thomas A. Gump, Asst. Dist. Atty., District Attorney's Office, Gainesville, for the State.

THOMPSON, Justice.

We granted certiorari to the Court of Appeals in Cantrell v. State, 217 Ga.App. 641, 459 S.E.2d 564 (1995), to answer this question: When a jury states it has reached a verdict of guilty on an unindicted lesser offense that is included within an indicted offense, and the jury further states that it is unable to agree on the indicted offense, is it error for the trial...

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