LIVINGSTON v. STATE

No. S95A1932.

467 S.E.2d 886 (1996)

266 Ga. 501

LIVINGSTON v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied March 28, 1996.


Attorney(s) appearing for the Case

Robert A. Pinel, Williston, VT, for Livingston.

Fredric Daniel Bright, Dist. Atty., Milledgeville, Vanessa Flournoy, Asst. Dist. Atty., Greensboro, for the State.

Michael J. Bowers, Atty. Gen., Wesley S. Horney, Asst. Atty. Gen., Department of Law, Atlanta, for Amicus Appellant.


BENHAM, Chief Justice.

This appeal is from Livingston's conviction for aggravated assault on a police officer. It came to this court seeking construction of the Fifth Amendment to the U.S. Constitution and asserting various errors in the conduct of the trial. Although we do not reach the constitutional issue asserted by Livingston (see Division Two, below), we agree with Livingston, for the reasons stated in Division One, that he is entitled to a new trial.

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