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JOHNSON v. STATE

No. S95A1559.

467 S.E.2d 542 (1996)

266 Ga. 380

JOHNSON v. The STATE.

Supreme Court of Georgia.

March 11, 1996.

Attorney(s) appearing for the Case

C. Ronald Patton, Rome, for Johnson.

Stephen F. Lanier, Dist. Atty., Rome, Michael J. Bowers, Atty. Gen., Atlanta, C. Stephen Cox, Asst. Dist. Atty., Rome, Susan V. Boleyn, Senior Asst. Atty. Gen., Atlanta, for State.

Paige Reese Whitaker, Asst. Atty. Gen., Atlanta, for other interested parties.

HUNSTEIN, Justice.

James K. Johnson was convicted of malice murder, aggravated assault and possession of a firearm during the commission of a crime. He was sentenced to life imprisonment for the murder and given a consecutive five year sentence for the possession count. The aggravated assault conviction was merged with the malice murder conviction.1 He appeals.

The evidence at trial showed that appellant and the victim, John LeCroy...

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