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MOORE v. STATE

No. S97A1059.

489 S.E.2d 842 (1997)

MOORE v. The STATE.

Supreme Court of Georgia.

September 22, 1997.

Attorney(s) appearing for the Case

D. Duston Tapley, Jr., Vidalia, for Kenneth Dean Moore.

Richard A. Malone, Dist. Atty., Swainsboro, Angelica M. Woo, Asst. Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

THOMPSON, Justice.

Kenneth Dean Moore was convicted of malice murder for shooting Frank Lee Polke.1 He appeals, asserting he should be awarded a new trial on the ground of newly discovered evidence.

Viewed in a light to uphold the verdict, the evidence demonstrates the following: Moore and Polke crossed paths because Moore was a drug user and Polke was a drug seller. As a result of their dealings, Moore and Polke became hostile...

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