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STATE v. SMITH

31394.

237 Ga. 647 (1976)

229 S.E.2d 433

THE STATE v. SMITH.

Supreme Court of Georgia.

Decided September 29, 1976.

Attorney(s) appearing for the Case

Fred M. Hasty, District Attorney, Walker P. Johnson, Jr., Assistant District Attorney, for appellant.

Brown, Katz, Dasher & Flatau, Richard M. Katz, for appellee.

JORDAN, Justice.

Certiorari was granted on the application of the state to determine if the Court of Appeals erred in holding that Code § 38-1604, as amended by Ga. L. 1957, p. 53, permits a wife to refuse to testify at a grand jury proceeding, on the ground that her testimony would incriminate her husband, where the grand jury is investigating alleged illegal drug transactions of a person other than her husband. See Smith v. State, 138...

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