Fugitt v. State

Hill, Chief Justice.

In Fugitt v. State, 251 Ga. 451, 452 (307 SE2d 471) (1983), we reversed the conviction and death sentence of the defendant because, on extraordinary motion for new trial based on newly discovered evidence, it appeared that the state’s case had been partially based upon perjured testimony. In so ruling, we did not reach several instances of alleged prosecutorial misconduct. Upon remand, the defendant raised these issues again in the form of a plea in bar before the trial court alleging that the state committed such egregious prosecutorial misconduct that retrial of the…