Legal Opinion · Dissent

Strong v. State

Court of Appeals of Georgia

Decided November 1, 1996No. A96A1409Published

1DissentMcMurray, Presiding Judge

In my view, the trial court was correct and should be affirmed by this Court. Therefore, I respectfully dissent.

A number of earlier decisions of this Court apply a rule concerning mutually exclusive convictions. That rule has no application to a verdict of acquittal. It is meaningful only with referap.ce to examining multiple convictions to determine if they are mutually exclusive, that is, if one necessarily excludes the other. This point is made particularly well in Thomas v. State, 199 Ga. App. 586, 587 (1) (405 SE2d 512) (rev’d on other grounds, 261 Ga. 854 (413 SE2d 196)) via a quote…

2Cases cited6 opinions

  1. Milam v. StateSupreme Court of Georgia · 1986
  2. Thomas v. StateSupreme Court of Georgia · 1992
  3. Thomas v. StateCourt of Appeals of Georgia · 1991
  4. Harrison v. StateCourt of Appeals of Georgia · 1994
  5. Cleveland v. StateCourt of Appeals of Georgia · 1994

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