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DRAKE v. STATE

No. S10A1207.

702 S.E.2d 161 (2010)

DRAKE v. The STATE.

Supreme Court of Georgia.

November 1, 2010.

Attorney(s) appearing for the Case

Sharon L. Hopkins, Duluth, for appellant.

Daniel J. Porter, District Attorney, Richard A. Vandever, Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Amy E. Hawkins Morelli, Assistant Attorney General, for appellee.

HUNSTEIN, Chief Justice.

Houston Wesley Drake was convicted of felony murder, first degree cruelty to children and giving a false name to law enforcement officers in regard to the death of his eleven-month-old son, Devon McCoy. He appeals from the denial of his motion for new trial1 contending in his sole enumeration of error that his convictions should be reversed because the jury returned a mutually exclusive verdict. For the reasons...

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