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BURGER v. STATE

35709.

245 Ga. 458 (1980)

265 S.E.2d 796

BURGER v. THE STATE.

Supreme Court of Georgia.

Decided March 14, 1980.

Attorney(s) appearing for the Case

Gibbs, Leaphart & Smith, Alvin Leaphart, for appellant.

Glenn Thomas, Jr., District Attorney, Arthur K. Bolton, Attorney General, William B. Hill, Assistant Attorney General, for appellee.

CLARKE, Justice.

The appellant, Christopher A. Burger, was tried in Wayne County, convicted of murder and sentenced to death.

The conviction was affirmed but the death sentence was reversed, and a new trial was ordered on the issue of punishment only. Burger v. State, 242 Ga. 28 (247 S.E.2d 834) (1978). The death sentence was reversed on two grounds. The trial court failed to make clear...

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