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STATE v. BURKS

No. S09A1145.

684 S.E.2d 269 (2009)

285 Ga. 781

The STATE v. BURKS.

Supreme Court of Georgia.

September 28, 2009.

Attorney(s) appearing for the Case

Julia A. Fessenden Slater, Dist. Atty., Douglas L. Breault, Asst. Dist. Atty., for appellant.

Frank K. Martin, John T. Martin, Columbus, for appellee.

THOMPSON, Justice.

Rufus Leonard Burks was indicted by a grand jury in Muscogee County and charged with murder, felony murder (two counts), voluntary manslaughter, aggravated assault, possession of a firearm by a convicted felon, possession of a firearm during the commission of a homicide, and tampering with evidence. Burks filed a motion to quash the indictment on the ground that he is immune from prosecution under OCGA § 16-3-24.2.1

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