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STATE v. CROSS

S90A1620.

260 Ga. 845 (1991)

401 S.E.2d 510

THE STATE v. CROSS.

Supreme Court of Georgia.

Decided February 27, 1991.

Attorney(s) appearing for the Case

Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellant.

Bert W. Cohen, for appellee.

HUNT, Justice.

The state appeals, under OCGA § 5-7-1, the grant of the defendant's motion to quash count one of its indictment, alleging the defendant, David L. Cross:

on the 20TH day of AUGUST, 1987, did unlawfully with malice aforethought, and while in the commission of a felony, to wit: Cruelty to Children, shake Sala Shavon Cross, a human being, resulting in injuries which caused the death of said child on January 31, 1989; ...

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