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ROBERTS v. STATE

No. S02A1807.

577 S.E.2d 580 (2003)

276 Ga. 258

ROBERTS v. The STATE.

Supreme Court of Georgia.

February 24, 2003.

Attorney(s) appearing for the Case

James J. Lacy, Brunswick, for appellant.

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Christopher M. Quinn, Asst. Dist. Attys., Thurbert E. Baker, Atty. Gen., Kyle A. Pearson, Asst. Atty. Gen., for appellee.

CARLEY, Justice.

A jury found Tyrone Roberts guilty on alternative counts of malice murder and felony murder, as well as on six counts of aggravated assault with a deadly weapon. The trial court correctly treated the felony murder verdict as surplusage, and merged one of the aggravated assault counts into the malice murder. Malcolm v. State, 263 Ga. 369, 371-374(4, 5), 434 S.E.2d 479 (1993...

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