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STATE v. VARNER

No. S03A0936.

589 S.E.2d 111 (2003)

277 Ga. 433

The STATE v. VARNER.

Supreme Court of Georgia.

Reconsideration Denied December 11, 2003.

Attorney(s) appearing for the Case

Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Elizabeth A. Baker, Brett E. Pinion, Asst. Dist. Attys., for appellant.

D. Todd Wooten, Atlanta, for appellee.

BENHAM, Justice.

Pursuant to the holding in State v. Benton, 246 Ga. 132, 269 S.E.2d 470 (1980), the State appeals the trial court's grant of a motion for discharge and acquittal following a mistrial on the last day of the term of court when the jury was unable to reach a verdict on counts of an indictment charging appellee Charles Varner with malice and felony murder and possession of a firearm...

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