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Lawskills.com Georgia Caselaw
THE STATE v. CORBITT.
A96A0421.
BIRDSONG, Presiding Judge.
Homicide by vehicle. Clinch Superior Court. Before Judge Knight.
Based upon a motorcycle accident that resulted in the death of Maurice Odom, Jr., Randall L. Corbitt, Jr. was indicted for several offenses arising from his operation of the motorcycle and three counts of homicide by vehicle in the first degree: Count 1 alleging he caused Odom's death by violating OCGA 40-6-391 (driving under the influence of alcohol); Count 2 alleging he caused the death by violating OCGA 40-6-270 (leaving the scene of the accident); and Count 3 alleging that he caused the death by violating OCGA 40-6-390 (reckless driving). Thereafter, the trial court granted Corbitt's special demurrer to Counts 2 and 3 contending that by placing Corbitt on trial for three counts that all alleged homicide by vehicle in the first degree, the indictment would confuse the jury and would deprive him of his right to trial by an impartial jury. The State appeals from the grant of the special demurrer. Held:
Edwards & Edwards, H. B. Edwards III, for appellee.
Robert B. Ellis, District Attorney, Ellen S. Golden, Assistant District Attorney, for appellant.
DECIDED MAY 6, 1996.
Thursday May 21 06:02 EDT


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