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STATE v. OUTEN

No. A10A0436.

695 S.E.2d 654 (2010)

The STATE v. OUTEN.

Court of Appeals of Georgia.

May 11, 2010.

Attorney(s) appearing for the Case

Kenneth W. Mauldin, Dist. Atty., Brian V. Patterson, Asst. Dist. Atty., for appellant.

Edward H. Brumby Jr., for appellee.

DOYLE, Judge.

The State appeals from the trial court's grant of David Outen's special demurrer as to Count 1 of the indictment charging him with homicide by vehicle in the first degree. Finding no error, we affirm.

The State charged in Count 1 that Outen committed homicide by vehicle in the first degree, alleging that he

without malice aforethought and while driving a motor vehicle on West Broad Street...

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