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RITTER v. STATE

Nos. S98A0994, S98A1065.

506 S.E.2d 857 (1998)

269 Ga. 884

RITTER v. The STATE. The STATE v. RITTER.

Supreme Court of Georgia.

October 5, 1998.

Attorney(s) appearing for the Case

Lee Sexton, Lee Sexton & Associates, P.C., Colin E. McDonald, Montgomery & McDonald, Jonesboro, for Hughey Edward Ritter.

Robert E. Keller, Dist. Atty., David Brandon Hornsby, Gregory R. Sturtevant, Asst. Dist. Attys., Jonesboro, Hon. Thurbert E. Baker, Atty. Gen., Department of Law, Atlanta, for the State.

FLETCHER, Presiding Justice.

In this death penalty case, Hughey Edward Ritter is charged with the murder of Jack Stuart Barnhill by beating him with a stick. The trial court granted Ritter's motion for a mistrial based on the state's improper questioning of its first witness. Ritter sought to prevent a retrial, and the state sought recusal of the trial judge. We affirm the trial court's denial of Ritter's plea in bar because there is no evidence that the state intended...

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