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MASSEY v. STATE

26211.

227 Ga. 257 (1971)

181 S.E.2d 71

MASSEY v. THE STATE.

Supreme Court of Georgia.

Decided January 8, 1971.

Rehearing Denied February 2, 1971.

Attorney(s) appearing for the Case

Howard Moore, Jr., Peter E. Rindskopf, for appellant.

W. J. Forehand, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, William R. Childers, Jr., Assistant Attorneys General, for appellee.

GRICE, Justice.

This appeal is from the denial of appellant's motion for a change of venue on the issue of penalty in a conviction of rape. For former appearance, see Massey v. State, 224 Ga. 721 (164 S.E.2d 786) cert. den. 395 U.S. 912.

The appellee has moved to dismiss the appeal upon two grounds, asserting in essence, (1) that there is no...

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