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MISTER v. STATE

No. S09A1338.

687 S.E.2d 471 (2009)

MISTER v. THE STATE.

Supreme Court of Georgia.

Reconsideration Denied December 15, 2009.

Attorney(s) appearing for the Case

Wayne L. Burnaine, Lawrenceville, for appellant.

Daniel J. Porter, District Attorney, Wesley C. Ross, Assistant District Attorney, Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, for appellee.

NAHMIAS, Justice.

Demarcus Mister, Timothy Walker, and Willie Moore were jointly indicted for various crimes stemming from the shooting death of Marcus Talton and the shooting of John Johnson. Walker and Moore pled guilty to voluntary manslaughter for the shooting of Talton and aggravated assault for the shooting of Johnson and testified for the State at trial. A jury found Mister not guilty of malice murder, but guilty of felony murder and aggravated assault.

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