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FUGITT v. STATE

41952.

254 Ga. 521 (1985)

330 S.E.2d 714

FUGITT v. THE STATE.

Supreme Court of Georgia.

Rehearing Denied July 2, 1985.

Attorney(s) appearing for the Case

Philip L. Ruppert, for appellant.

Robert E. Keller, District Attorney, William L. McKinnon, Jr., Assistant District Attorney, Michael J. Bowers, Attorney General, Paula K. Smith, Assistant Attorney General, for appellee.

CLARKE, Justice.

This is the third appearance of this case. Appellant Fugitt (also known as Wallace) was convicted of the murder of John Evans and sentenced to death. His conviction was reversed on appeal in Fugitt v. State, 251 Ga. 451 (307 S.E.2d 471) (1983), because of the perjury of one of the state's witnesses, Kenneth Frady. Subsequently the appellant pled former jeopardy as a bar to...

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