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CLARK v. STATE

No. S08A1225.

667 S.E.2d 37 (2008)

CLARK v. The STATE.

Supreme Court of Georgia.

September 22, 2008.

Attorney(s) appearing for the Case

Gerard Bradley Kleinrock, Decatur, for Appellant.

Gwendolyn Keyes Fleming, Dist. Atty., Leonora Grant, Barbara B. Conroy, Asst. Dist. Attys., for appellee.

CARLEY, Justice.

A jury found Benjamin Clark guilty of armed robbery, and the trial court entered judgment of conviction and sentence on the guilty verdict. On appeal to the Court of Appeals, Clark raised two enumerations of error, contending first that the continuing witness rule was violated and, second, that the charge to the jury was erroneous. The 12 Judges on the Court of Appeals were equally divided as to affirmance or reversal based upon resolution of the...

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