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ROWER v. STATE

No. S96A1068.

472 S.E.2d 297 (1996)

267 Ga. 46

ROWER v. The STATE.

Supreme Court of Georgia.

July 15, 1996.

Attorney(s) appearing for the Case

Edwin Marger, Jasper, Elizabeth A. Schoeff, Marietta, David M. Simpson, Law Offices of Kennedy & Kennedy, Marietta, and Michael J. Puglise, Lawrenceville, for Rower.

Thomas J. Charron, Dist. Atty., Marietta, Debra H. Bernes, Nancy I. Jordan, Jack E. Mallard, Russell J. Parker, Asst. Dist. Attys., Michael J. Bowers, Atty. Gen., for the State.

CARLEY, Justice.

After a jury trial, Curtis Alfonzo Rower was found guilty of kidnapping with bodily injury, armed robbery, and two counts of kidnapping. However, the jury was unable to agree on a verdict as to that count of the indictment which alternatively charged Rower with the malice or felony murder of Mrs. Sara Tokars. Upon Rower's motion, the trial court declared a mistrial as to that count. Subsequently, the State...

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