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FLEMING v. STATE

34192.

243 Ga. 120 (1979)

252 S.E.2d 609

FLEMING v. THE STATE.

Supreme Court of Georgia.

Decided January 24, 1979.

Rehearing Denied February 14, 1979.

Attorney(s) appearing for the Case

Edward Parrish, Benjamin Zeesman, for appellant.

Vickers Neugent, District Attorney, Terry Barnick, Assistant District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.

MARSHALL, Justice.

The appellant, Son H. Fleming, was convicted in the Lanier Superior Court of the murder of Police Chief James Giddens of Ray City, Georgia. The jury imposed the death penalty, finding two statutory aggravating circumstances: (1) "The offense of murder was committed against Police Chief James Edward Giddens, a police officer, while he was engaged in the performance of his duties," Code Ann. § 27-2534.1 (b) (5) (Ga. L. 1973, pp. 159, 163); and...

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