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BORDERS v. STATE

Nos. S98A1579, S98A1581.

514 S.E.2d 14 (1999)

270 Ga. 804

BORDERS v. The STATE. White v. The State.

Supreme Court of Georgia.

Reconsideration Denied April 2, 1999.

Attorney(s) appearing for the Case

William J. Mason, Columbus, for Herbert White.

Michael D. Reynolds, Columbus, for Isaac Borders.

John Gray Conger, Dist. Atty., Alonza Whitaker, Neal Joseph Callahan, Asst. Dist. Attys., Columbus, Thurbert E. Baker, Atty. Gen., H. Maddox Kilgore, Asst. Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, for the State.

BENHAM, Chief Justice.

Appellants Herbert White and Isaac Borders and three others were named in an indictment charging them with malice murder and felony murder, with the underlying felony being aggravated assault, in connection with the death of Kevin Smith. White and Borders were tried together, and two of their co-indictees (one having been acquitted in an earlier trial and the other given prosecutorial immunity) testified against them. White and Borders were...

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