BELL, Justice.
The controlling issue in this appeal is whether the trial court properly granted summary judgment to the appellees based on the Simultaneous Death Act (the Act). OCGA § 53-11-1 et seq. (Code Ann. § 113-2901 et seq.).
On December 12, 1982, Charles Scudder and Joseph Odum were murdered in Scudder's home in Chattooga County, Georgia. See West v. State,
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