Fugitt v. State

Clarke, Justice.

This is the third appearance of this case. Appellant Fugitt (also known as Wallace) was convicted of the murder of John Evans and sentenced to death. His conviction was reversed on appeal in Fugitt v. State, 251 Ga. 451 (307 SE2d 471) (1983), because of the perjury of one of the state’s witnesses, Kenneth Frady. Subsequently the appellant pled former jeopardy as a bar to retrial based on prosecutorial misconduct at his first trial. The trial court’s denial of the plea in bar was affirmed by this court in Fugitt v. State, 253 Ga. 311 (319 SE2d 829) (1984). Appellant was retried…