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PARKER v. PACE

42308.

254 Ga. 634 (1985)

331 S.E.2d 546

PARKER v. PACE.

Supreme Court of Georgia.

Rehearing Denied July 24, 1985.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Susan V. Boleyn, Assistant Attorney General, for appellant.

Jane A. Stevens, for appellee.

WELTNER, Justice.

The state appeals from a judgment entered in habeas corpus proceedings discharging the prisoner from custody.

The state agrees that the trial court's instructions to the jury (given in 1974) regarding a presumption of malice were erroneous under Sandstrom v. Montana, 442 U.S. 510 (99 S.C. 2450, 61 LE2d 39) (1979), but contends that the error was harmless beyond a reasonable doubt.

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