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BERRY v. STATE

No. S96A1422.

480 S.E.2d 32 (1997)

267 Ga. 476

BERRY v. The STATE.

Supreme Court of Georgia.

February 3, 1997.

Attorney(s) appearing for the Case

Jeffery Lyn Ertel, Federal Defenders Program, Inc., Atlanta, for Berry.

Lewis R. Slaton, Dist. Atty., Michael J. Bowers, Atty. Gen., Christopher S. Brasher, Asst. Atty. Gen., Department of Law, Henry M. Newkirk, Asst. Dist. Atty., Fulton County District Attorney's Office, Kirby Clements, Jr., Asst. Dist. Atty., Atlanta, for State.

HINES, Justice.

William Herman Berry engaged in a "shoot-out" with Osceola Kelly on an Atlanta public housing complex playground. It resulted in the fatal shooting of thirteen-year-old Aisha Heard and the wounding of thirteen-year-old Jamina Bolston and co-defendant Kelly. After a joint jury trial with Kelly, Berry was found guilty of the malice murder, felony murder, and aggravated assault of Heard, the aggravated assaults of Bolston and Kelly, and possession of...

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