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FOSTER et al. v. THE STATE.
55479.
BELL, Chief Judge.
Aggravated sodomy. Muscogee Superior Court. Before Judge Davis.
The defendants Foster, Moses and Taylor were convicted of aggravated sodomy. Held:
1. A rebuttal witness was called to testify whose name was not on the list of witnesses supplied to defendant. The district attorney stated in his place that he was not aware of this witness at the time of furnishing defendant with a list of witnesses. This statement authorized the use of the witness under Code 27-1403. See Yeomans v. State, 229 Ga. 488, 490 (2) (192 SE2d 362).
2. The evidence authorized the conviction.
William J. Smith, District Attorney, J. Gray Conger, Assistant District Attorney, for appellee.
Cain & Cain, William S. Cain, Jr., for appellants.
SUBMITTED FEBRUARY 27, 1978 -- DECIDED APRIL 5, 1978.
Friday May 22 04:13 EDT


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