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PONDER v. STATE

Nos. S97A1403, S97A1484 and S97A1503.

491 S.E.2d 363 (1997)

268 Ga. 544

PONDER v. The STATE. (Two Cases) WEBB v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied October 31, 1997.

Attorney(s) appearing for the Case

Dwight L. Thomas, Atlanta, Caprice J. Small, for appellant (case no. S97A1403). Virginia W. Tinkler, Decatur, for appellant (case no. S97A1484).

Claudia Susan Saari, Decatur, for appellant (case no. S97A1503).

J. Tom Morgan, Dist. Atty., Jeffrey H. Brickman, Asst. Dist. Atty., Barbara S. Conroy, Senior Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Deborah L. Gale, Beth Attaway, Christopher S. Brasher, Asst. Atty. Gens., Paula K. Smith, Senior Asst. Atty. Gen., for State.

CARLEY, Justice.

Three gunmen fired into a car, killing the driver, William Johnson, and wounding a passenger, Kishmet Rushin. The grand jury indicted Michael and Horace Ponder, who are brothers, and Cameron Webb, charging them with the felony murder of Johnson while in the commission of an aggravated assault against him and with the commission of an aggravated assault against Rushin. The three were tried together and a jury returned guilty verdicts, upon which the...

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