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HENDERSON v. STATE

26046.

227 Ga. 68 (1970)

179 S.E.2d 76

HENDERSON v. THE STATE.

Supreme Court of Georgia.

Decided December 3, 1970.

Rehearing Denied December 17, 1970.

Attorney(s) appearing for the Case

Charles M. Clayton, Louise T. Hornsby, for appellant.

Richard Bell, District Attorney, Eugene Highsmith, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Assistant Attorney General, Charles B. Merrill, Jr., Deputy Assistant Attorney General, for appellee.

HAWES, Justice.

Tommy Lee Henderson was indicted in the Superior Court of DeKalb County in a 3-count indictment charging him with kidnapping, murder and rape. On his arraignment he pled not guilty. Upon the call of the case for trial, the defendant filed a motion to require the State to elect upon which of the charges it would try the defendant. The court sustained the defendant's motion as to the counts charging him with rape, but overruled it as to the counts charging...

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