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ALLABEN v. STATE

No. S13A0949.

751 S.E.2d 802 (2013)

294 Ga. 315

ALLABEN v. The STATE.

Supreme Court of Georgia.

November 25, 2013.

Attorney(s) appearing for the Case

Gerard Bradley Kleinrock, Office of the Public Defender, Decatur, for appellant.

Patricia B. Attaway Burton, Dep. Atty. Gen., Paula Khristian Smith, Senior Asst. Atty. Gen., Samuel S. Olens, Atty. Gen., Jason Charles Fisher, Asst. Atty. Gen., Department of Law, Atlanta, Deborah D. Wellborn, Asst. Dist. Atty., Robert D. James, Jr., Dist. Atty., Dekalb County District Attorney's Office, Decatur, for appellee.

HUNSTEIN, Justice.

Appellant Dennis Allaben was found guilty of malice murder, felony murder, aggravated assault with intent to murder, battery, simple battery, and reckless conduct in connection with the strangulation death of his wife, Maureen Allaben.1 The felony murder verdict was vacated by operation of law, and the trial court entered a judgment of conviction only for malice murder, merging the remaining verdicts into that conviction...

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