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WHITAKER v. STATE

Nos. S98A0431, S98A0434.

499 S.E.2d 888 (1998)

269 Ga. 462

WHITAKER v. The STATE. SPEAR et al. v. The STATE.

Supreme Court of Georgia.

May 18, 1998.

Attorney(s) appearing for the Case

Elizabeth G. Rankin, Atlanta, for Devagas Whitaker.

Tony L. Axam, Atlanta, for Aaron Kenneth Spear et al.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Cari K. Johanson, Asst. Dist. Attys., Allison Beth Goldberg, Asst. Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

THOMPSON, Justice.

Devagas Whitaker, Aaron Kenneth Spear, and Gary Bernard Spear, Jr., were jointly indicted, tried, and convicted of malice murder, felony murder predicated on aggravated assault, and aggravated assault in the shooting death of Randolph Barber. Whitaker appeals in Case No. S98A0431; Aaron and Gary Spear jointly appeal in Case No. S98A0434. We affirm in this consolidated opinion.1

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