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FORTNER v. STATE

37664, 37665, 37666.

248 Ga. 107 (1981)

281 S.E.2d 533

FORTNER v. THE STATE. RILEY v. THE STATE. McCLUSKEY v. THE STATE.

Supreme Court of Georgia.

Decided September 8, 1981.

Attorney(s) appearing for the Case

Richardson & Shedd, W. Gene Richardson, Roy N. Newman, Robert J. Evans, for appellants.

F. Larry Salmon, District Attorney, Stephen F. Lanier, Assistant District Attorney, Arthur K. Bolton, Attorney General, Nicholas G. Dumich, Assistant Attorney General, Wayne B. Kendall, for appellee.

HILL, Presiding Justice.

Johnny Fortner, Jr., Christopher Riley and Levon McCluskey were tried jointly, at their own request, for the murder and armed robbery of Charles McGinnis in Rome, Georgia. Riley and McCluskey were convicted of malice murder and armed robbery and given consecutive life sentences; Fortner was found guilty of felony murder and sentenced to life imprisonment. This is their appeal.

McCluskey was driving Fortner and Riley around in Fortner...

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