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McCLAIN v. STATE

No. S96P1266.

477 S.E.2d 814 (1996)

267 Ga. 378

McCLAIN v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied December 6, 1996.

Attorney(s) appearing for the Case

Michael C. Garrett, Melissa Suzanne Padgett, Garrett & Gilliard, P.C., Augusta, for McClain.

Daniel J. Craig, Dist. Atty., Michael J. Bowers, Atty. Gen., Paige Reese Whitaker, Asst. Atty. Gen., Atlanta, for State.

Joseph L. Chambers, Sr., Prosecuting Attorneys Counsel, Smyrna, Patsy Morris, Atlanta, Michael Mears, MultiCounty Public Defender, Atlanta, for other interested parties.

SEARS, Justice.

The appellant, Mark Howard McClain, shot and killed Kevin Scott Brown during an armed robbery of a Domino's Pizza store in Augusta.1 The jury sentenced McClain to death for murder, finding the following statutory aggravating circumstances: The murder was committed while the offender was engaged in the commission of a burglary; the murder was committed while the offender was engaged...

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