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STATE v. BRADY

No. A07A2018.

653 S.E.2d 72 (2007)

The STATE v. BRADY.

Court of Appeals of Georgia.

September 24, 2007.

Attorney(s) appearing for the Case

Paul L. Howard Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, for appellant.

LaRonda R. Martin, Stephen R. Scarborough, for appellee.

BLACKBURN, Presiding Judge.

The State appeals from the dismissal of its indictment against Thomas Brady for rape,1 incest,2 aggravated child molestation,3 and child molestation,4 contending that the trial court erred in ruling that the State improperly failed to preserve lab samples taken from the victim at a public hospital. We agree and reverse.

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