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PHILLIPS v. STATE

16888.

206 Ga. 418 (1950)

57 S.E.2d 555

PHILLIPS v. THE STATE.

Supreme Court of Georgia.

Rehearing Denied February 17, 1950.

Attorney(s) appearing for the Case

R. I. Stephens and John B. Spivey, for plaintiff in error.

Eugene Cook, Attorney-General, W. W. Larsen, Solicitor-General, J. R. Parham, Assistant Attorney-General, L. F. Watson, and E. L. Rowland, contra.

HAWKINS, Justice.

Drew S. Phillips and Harry T. McClung were jointly indicted for the offense of murder in the alleged shooting and killing of L. M. Barron, in Laurens County, Georgia. On separate trial Drew S. Phillips was convicted of the offense charged, with a recommendation of mercy. His motion for a new trial, containing the general grounds and five special grounds, was overruled, and he excepted. Held:

1. Had the State sought to hold the defendant...

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