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PEARSON v. STATE

No. S04A1247.

604 S.E.2d 180 (2004)

278 Ga. 490

PEARSON v. The STATE.

Supreme Court of Georgia.

October 12, 2004.

Attorney(s) appearing for the Case

Cynthia W. Harrison, Stone Mountain, for appellant.

Paul L. Howard, Jr., Dist. Atty., Christopher M. Quinn, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Julie A. Adams, Asst. Atty. Gen., for appellee.

CARLEY, Justice.

Stephen Pearson was found guilty of malice murder and an alternative count of felony murder, as well as separate charges of aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. Because the verdict as to felony murder was vacated by operation of law (Malcolm v. State, 263 Ga. 369, 372(4), 434 S.E.2d 479

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