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GILLESPIE v. STATE

53088.

140 Ga. App. 408 (1976)

231 S.E.2d 154

GILLESPIE v. THE STATE.

Court of Appeals of Georgia.

Decided November 10, 1976.

Attorney(s) appearing for the Case

Leonard N. Steinberg, Paul E. Cormier, for appellant.

William H. Ison, District Attorney, James W. Bradley, Assistant District Attorney, for appellee.

WEBB, Judge.

Gillespie was convicted under a two-count indictment charging him with aggravated assault (Criminal Code § 26-1302) and escape while armed with a dangerous weapon. Criminal Code § 26-2501. He now urges error in the refusal of a mistrial which he moved for after the district attorney, in his opening remarks, stated that Gillespie was a murderer and was serving time in jail for murder. He contended that since at the time of the escape he had not...

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