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MANLEY v. STATE

Nos. S10A0136, S10A0137.

698 S.E.2d 301 (2010)

MANLEY v. The STATE. Allen v. The State.

Supreme Court of Georgia.

Reconsideration Denied June 28, 2010.

Attorney(s) appearing for the Case

Gerard B. Kleinrock, for appellants.

Gwendolyn Keyes Fleming, District Attorney, Leonora Grant, Assistant District Attorney, Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, for appellee.

MELTON, Justice.

Following a jury trial, co-defendants Steve Manley and Robert Allen appeal their convictions for the murder of Emmett Whatley.1 For the reasons set forth below, we reverse in Case No. S10A0136 and affirm in Case No. S10A0137.

1. In the light most favorable to the verdict, the record shows that, in or around January 2007, Alexandria Phillips became friends with Whatley and visited his home. A few weeks before Whatley...

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