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PAYNE v. STATE

No. S00A1679.

540 S.E.2d 191 (2001)

273 Ga. 317

PAYNE v. The STATE.

Supreme Court of Georgia.

January 8, 2001.

Attorney(s) appearing for the Case

Ellis R. Garnett, Augusta, for appellant.

Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Tammie J. Philbrick, Assistant Attorney General, for appellee.

CARLEY, Justice.

While walking past George Palmer's residence, Andre Harris and John Masquera saw Ray Anthony Payne beating Mr. Palmer. After they yelled at Payne to stop, he walked outside, covered in blood, and asked Harris to go to his apartment and get a knife. Harris and Masquera called the police who, upon their arrival, questioned Payne. He was wearing different clothes, but his hands were still bloody, and he appeared nervous and smelled of alcohol. The officers...

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