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CODY v. STATE

No. S04A1334.

609 S.E.2d 320 (2004)

278 Ga. 779

CODY v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied December 9, 2004.

Attorney(s) appearing for the Case

Eldridge Suggs IV, for appellant.

Paul L. Howard, Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, Hon. Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General, for appellee.

FLETCHER, Chief Justice.

Markell Cody was convicted of felony murder in the shooting death of Clarence Weaver.1 Cody appeals contending that the trial court erred in vacating its order granting a new trial. The trial court had granted the motion for new trial based upon newly discovered evidence and then upon the State's motion for reconsideration, struck the testimony of the new witness and vacated its previous order. However, the State...

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