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PRATER v. STATE

Nos. S00A1684-S00A1686.

545 S.E.2d 864 (2001)

273 Ga. 477

PRATER v. The STATE. Thomas v. The State. Tomlinson v. The State.

Supreme Court of Georgia.

Reconsideration Denied March 2, 2001.

Attorney(s) appearing for the Case

Cauthorn & Phillips, Thomas E. Cauthorn, III, Marietta, for appellant (case no. S00A1684).

Marc D. Cella, Marietta, for appellant (case no. S00A1685).

Alan J. Baverman, Atlanta, for appellant (case no. S00A1686).

Patrick H. Head, Dist Atty., Maria B. Golick, Eleanor E. Kornahrens, Asst. Dist. Attys., Thurbert E. Baker Atty. Gen., Paula K. Smith, Senior Asst. Atty., Gen., for appellant.

SEARS, Justice.

After appellants were convicted of felony murder based upon armed robbery and also convicted of aggravated assault,1 the trial court held that they were entitled to a new trial due to: (1) insufficient evidence to support the felony murder convictions, and (2) an erroneous jury instruction. Thereafter, on the State's motion, the trial court vacated its findings that there was...

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