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PAYNE v. STATE

No. S02A0033.

563 S.E.2d 844 (2002)

275 Ga. 181

PAYNE v. The STATE.

Supreme Court of Georgia.

May 13, 2002.

Attorney(s) appearing for the Case

Harrison & Harrison, Samuel H. Harrison, Lawrenceville, for Appellant.

Philip C. Smith, Dist. Atty., Penny A. Penn, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., for appellee.

FLETCHER, Chief Justice.

A jury convicted Tony Carroll Payne of driving in an emergency lane in violation of OCGA § 40-6-50(b), as well as vehicular homicide, serious injury by vehicle, and reckless driving.1 On appeal, Payne challenges the constitutionality of OCGA § 40-6-50(b), contending that the term "emergency lane" renders the statute void for vagueness. Because we find that the term "emergency lane," as used in OCGA &...

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