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MALONE v. STATE

31539.

238 Ga. 251 (1977)

232 S.E.2d 907

MALONE v. THE STATE.

Supreme Court of Georgia.

Decided January 27, 1977.

Attorney(s) appearing for the Case

Adams, O'Neal, Hemingway, Kaplan, Stone & Brown, Manley F. Brown, H. T. O'Neal, Jr., for appellant.

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

HALL, Justice.

We granted certiorari in this case to consider whether Baker v. State, 236 Ga. 754 (225 S.E.2d 269) (1976), this court's recent opinion construing Georgia's homicide statutes with respect to felony murder issues, precludes a charge on voluntary manslaughter in a felony murder trial. It does not.

Malone, who has not yet been tried, was indicted for malice murder and felony...

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