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PEARSON v. STATE

No. S04A0583.

596 S.E.2d 582 (2004)

277 Ga. 813

PEARSON v. The STATE.

Supreme Court of Georgia.

May 3, 2004.

Attorney(s) appearing for the Case

Charles H. Frier, Atlanta, for appellant.

Paul L. Howard, Jr., Dist. Atty., Christopher Michael Quinn, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Raina Nadler, Asst. Atty. Gen., for appellee.

CARLEY, Justice.

A jury found Phillip Pearson guilty of malice murder but mentally ill, and it also returned guilty verdicts on an alternative felony murder count and on separate charges of aggravated assault and possession of a firearm during the commission of a felony. Concluding that the verdict on the felony murder count was vacated by operation of law and that the aggravated assault merged as a matter of fact into...

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