WARE v. STATE

No. A09A0343.

679 S.E.2d 797 (2009)

WARE v. The STATE.

Court of Appeals of Georgia.

June 5, 2009.


Attorney(s) appearing for the Case

Little, Crumly & Chambliss, Samuel Fenn Little Jr., Atlanta, for Appellant.

Paul L. Howard Jr., Dist. Atty., Stephany Julissa Luttrell, Asst. Dist. Atty., for Appellee.


BERNES, Judge.

Following a jury trial, Quinn Ware appeals his conviction for armed robbery and possession of a firearm during the commission of a felony. Ware argues that absent a finding of bad faith and prejudice, the trial court erroneously excluded the testimony of his alibi witness based upon his failure to give the state the statutory ten-day notice. We agree and reverse.

Viewed in the light most favorable to the guilty verdict,1

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