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JOHNSON v. STATE

No. S91A1068.

409 S.E.2d 500 (1991)

261 Ga. 678

JOHNSON v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied November 15, 1991.

Attorney(s) appearing for the Case

Michael Edward Bergin, H. Clay Collins, Fairburn, for Johnson.

Robert E. Wilson, Dist. Atty., Stone Mountain Judicial Circuit, Greg Adams, Barbara B. Conroy, Asst. Dist. Atty., Decatur, for State.

FLETCHER, Justice.

Phillip Marldo Johnson was indicted for the malice murder of Michael Smialowicz, aggravated assault on Roger Smialowicz, and possession of a firearm during the commission of a felony.1 At Johnson's first trial, the jury returned a not guilty verdict on the aggravated assault charge. The jury deadlocked on the other two counts, and the judge declared a mistrial. On the day that the retrial was to commence, Johnson filed...

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