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YATES v. STATE

No. S01P0977.

553 S.E.2d 563 (2001)

274 Ga. 312

YATES v. The STATE.

Supreme Court of Georgia.

October 1, 2001.

Attorney(s) appearing for the Case

Lindsey & Jacobs, Tamara Jacobs, Barnesville, English & Kemp, Arthur H. English IV, William A. Adams, Jr., Barnesville, for appellant.

William T. McBroom, III, Dist. Atty., Daniel A. Hiatt, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Mary Beth Westmoreland, Deputy Atty. Gen., Susan V. Boyleyn, Senior Asst. Atty. Gen., Paige R. Whitaker, Asst. Atty. Gen., for appellee.

BENHAM, Justice.

John Thomas Yates was convicted of malice murder, burglary, and aggravated assault. The jury recommended the death penalty for the murder after finding beyond a reasonable doubt that the murder was committed while Yates was engaged in the commission of a burglary. OCGA § 17-10-30(b)(2). The trial court sentenced Yates to death and he appeals. Because potential jurors were improperly excused from jury service, we reverse the convictions and sentences...

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