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PAYNE v. STATE

28889.

233 Ga. 294 (1974)

210 S.E.2d 775

PAYNE v. THE STATE.

Supreme Court of Georgia.

Decided November 18, 1974.

Rehearing Denied December 3, 1974.

Attorney(s) appearing for the Case

Donald P. Edwards, Howard Moore, Jr., John R. Myer, for appellant.

George W. Darden, District Attorney, Joseph L. Chambers, Assistant District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Assistant Attorney General, for appellee.

HALL, Justice.

Thomas Robert Payne, Jr., appeals his conviction of rape and aggravated sodomy. The modus operandi of the attack and the victim's opportunity to identify Payne became issues at the trial.

Between 2:00 and 3:00 a. m. on Sunday morning, March 26, 1972, the victim, a white woman, left her job and drove alone to her home in Cobb County. At some point along the way she noticed that a car was following her...

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