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BROWN v. STATE

No. S98A1875.

512 S.E.2d 260 (1999)

270 Ga. 601

BROWN v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied March 5, 1999.

Attorney(s) appearing for the Case

Robert L. Chandler, Cheryl Harmon Kelley, Fox, Chandler, Homans, Hicks & McKinnon, Gainesville, for James William Brown.

Darrell E. Wilson, Dist. Atty., Lynn Marie Akeley-Alderman, Asst. Dist. Atty., Dahlonega, Thurbert E. Baker, Atty. Gen., Daniel Garland Ashburn, Asst. Atty. Gen., Department of Law, Atlanta, for the State.

CARLEY, Justice.

James Brown was charged with the murder of Jeffery Clarkson. Clarkson was married to Brown's former wife and, thus, was the step-father of Brown's 5-year-old daughter. Brown admitted that he killed the victim, but claimed that he was justified in doing so because of his daughter's molestation by Clarkson. The trial court granted the State's motion in limine to exclude any evidence concerning the alleged molestation. According to the trial court, an...

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