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McCRARY v. STATE

42044.

254 Ga. 382 (1985)

329 S.E.2d 473

McCRARY v. THE STATE.

Supreme Court of Georgia.

Rehearing Denied May 28, 1985.

Attorney(s) appearing for the Case

Michael Edward Bergin, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, Michael J. Bowers, Attorney General, for appellee.

WELTNER, Justice.

Michael Wayne McCrary was indicted for malice murder. A jury acquitted him of that charge, but found him guilty of felony murder, the underlying felony being robbery. His conviction was overturned because the underlying robbery charge supporting felony murder was not included in the indictment. McCrary v. State, 252 Ga. 521 (314 S.E.2d 662) (1984). The state subsequently reindicted...

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