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FORTNER v. STATE

44111.

257 Ga. 46 (1987)

354 S.E.2d 146

FORTNER v. THE STATE.

Supreme Court of Georgia.

Reconsideration Denied April 22, 1987.

Attorney(s) appearing for the Case

Lawson & Fuller, John W. Lawson, for appellant.

Johnnie L. Caldwell, Jr., District Attorney, Paschal A. English, Assistant District Attorney, Michael J. Bowers, Attorney General, Eddie Snelling, Jr., Assistant Attorney General, for appellee.

WELTNER, Justice.

James Fortner was convicted of the malice murder of David Harris and was sentenced to life imprisonment.1

On a Friday morning, Fortner and a friend, Smith, began drinking beer. They continued drinking throughout the day as they drove around in Fortner's automobile. In the afternoon Harris joined them and took over the driving of the automobile. Fortner and Harris had not met until this time. About 8:00 p. m.,...

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