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SIMS v. STATE

No. S96A0741.

470 S.E.2d 886 (1996)

266 Ga. 764

SIMS v. The STATE.

Supreme Court of Georgia.

June 3, 1996.

Attorney(s) appearing for the Case

William W. Woody, Dahlonega, for Sims.

Michael J. Bowers, Atty. Gen., Dept. of Law, Atlanta, Albert F. Taylor, Jr., Dist. Atty., Dahlonega, Christopher S. Brasher, Asst. Atty. Gen., Paula K. Smith, Sr. Asst. Atty. Gen., Mary Beth Westmoreland, Deputy Atty. Gen., Dept. of Law, Atlanta, Mary E. Moore, Asst. Dist. Atty., Dahlonega, for State.

HUNSTEIN, Justice.

Following a night of drinking beer and smoking marijuana, James Edward Sims attacked his companion, Marcus Gilbert, beat him on the head with a stick of firewood, stabbed him, and slashed his throat, which caused Gilbert's death. Sims was convicted of malice murder, felony murder and two counts of aggravated assault. One of the aggravated assault counts merged with the malice murder conviction; the felony murder count was vacated as a matter of...

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