DURHAM v. STATE

32647, 2648, 32649.

240 Ga. 203 (1977)

240 S.E.2d 14

DURHAM v. THE STATE. STROUD v. THE STATE (two cases).

Supreme Court of Georgia.

Submitted August 12, 1977.

Decided October 25, 1977.

Rehearing Denied November 9, 1977.


Attorney(s) appearing for the Case

Walker Chandler, for Durham.

A. Vernon Belcher, for appellants (case nos. 32648 and 32649).

William F. Lee, Jr., District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.


NICHOLS, Chief Justice.

The defendants were jointly indicted, tried and convicted of the murder of Adam Middlebrooks. Each was sentenced to life imprisonment, their motions for new trial on the general grounds were overruled, and each filed separate appeals.

1. The first enumeration of error contends the trial court erred in overruling their motions for severance. Since the state waived the death penalty, it was within the sound discretion of the trial court...

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