GOURLEY v. STATE

No. S97A0799.

486 S.E.2d 342 (1997)

GOURLEY v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied July 17, 1997.


Attorney(s) appearing for the Case

Brian Steel, Wolfe & Steel, P.C., Atlanta, for Gary Lee Gourley.

Tommy Kenneth Floyd, Dist. Atty., James L. Wright, III, Asst. Dist. Atty., McDonough, and H. Maddox Kilgore, Asst. Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Atlanta, for State.


HUNSTEIN, Justice.

On October 11, 1995, the Henry County Grand Jury returned indictment number 95-CR-0473 against appellant Gary Gourley charging him with murder, felony murder, and aggravated assault. The State subsequently discovered that a member of the grand jury was a convicted felon. Gourley was notified of this defect and he filed a motion to quash the indictment. Before any action was taken on Gourley's motion to quash, he was indicted by a second grand jury...

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