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STATE v. BENTON

No. S04G0153.

604 S.E.2d 169 (2004)

278 Ga. 503

The STATE v. BENTON.

Supreme Court of Georgia.

October 12, 2004.

Attorney(s) appearing for the Case

Jeffrey H. Brickman, Dist. Atty., Daniel M. Hirsh, Robert M. Coker, Asst. Dist. Attys., for appellant.

Jonathan R. Melnick, Atlanta, for appellee.

SEARS, Presiding Justice.

We granted certiorari in this case to consider whether the Court of Appeals correctly held that the jury's verdict of "guilty with leniency" rendered the verdict illegal and to consider whether, if it did, the "plain error" rule applied to avoid waiver of the issue of the verdict's legality.1 For the reasons that follow, we conclude that the verdict was not illegal, and we thus do not need to address the issue...

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