GAITHER v. STATE

26502.

227 Ga. 668 (1971)

182 S.E.2d 434

GAITHER et al. v. THE STATE.

Supreme Court of Georgia.

Decided June 2, 1971.


Attorney(s) appearing for the Case

Martin L. Fierman, for appellants.

Lewis R. Slaton, District Attorney, Tony H. Hight, Joel M. Feldman, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, Assistant Attorney General, W. Hensell Harris, Jr., for appellee.


ALMAND, Chief Justice.

The defendants (appellants herein) were tried for armed robbery, convicted, and each sentenced to ten years imprisonment. During their trial, the district attorney offered in evidence a transcript of former testimony of one Stacey Rutherford taken more than two months earlier in a juvenile court proceeding. Rutherford was not listed as a witness on the indictment. The earlier testimony concerned the same case, and the defendants were present...

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