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MALONE v. STATE

Nos. A96A1654, A96A1655.

484 S.E.2d 6 (1997)

225 Ga. App. 315

MALONE v. The STATE. SMITH v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 10, 1997.

Attorney(s) appearing for the Case

Brownlow & Schaefer, Ira B. Brownlow, Jr., Decatur, for Malone.

Michael R. Hauptman, Atlanta, for Smith.

J. Tom Morgan, District Attorney, Robert M. Coker, Assistant District Attorney, Michael J. Bowers, Attorney General, Nancy B. Allstrom, Assistant Attorney General, for appellee.

JOHNSON, Judge.

Helen Malone and Dr. Theodore Smith were tried jointly and convicted of Medicaid fraud for seeking reimbursement for psychotherapy services which had not been rendered. Malone appeals in Case No. A96A1654, and Smith appeals in Case No. A96A1655. Because the appellants raise similar enumerations of error, their appeals have been consolidated.

1. Of the eleven peremptory challenges defense counsel made on Malone's and Smith's behalf, ten were...

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