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MOODY v. STATE

20926.

216 Ga. 192 (1960)

115 S.E.2d 526

MOODY v. THE STATE.

Supreme Court of Georgia.

Decided July 7, 1960.

Attorney(s) appearing for the Case

William H. Burke, for plaintiff in error.

Luther C. Hames, Jr., Solicitor-General, Eugene Cook, Attorney-General, Rubye G. Jackson, Assistant Attorney-General, contra.

CANDLER, Justice.

Clyde Walter Moody was indicted in Cobb County for robbery. The indictment alleges that such act was accomplished by the unlawful use of an offensive weapon, namely, a loaded shotgun. The jury convicted the accused and fixed his punishment at from 4 to 10 years in the penitentiary. He moved for a new trial on the usual general grounds, and later amended his motion by adding another ground, in which he alleges that the court erred in failing

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