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Warren v. State

Supreme Court of Georgia

336 S.E.2d 221 (1985)

Facts

David Warren (defendant) was indicted for the rape and aggravated sodomy of his wife. Thereafter, Warren filed a pretrial general demurrer and motion to dismiss the indictment on the basis of an alleged marital exception to the state’s rape and aggravated sodomy statutes. The trial court denied Warren’s motions. Warren then sought an interlocutory appeal of the trial court’s dismissal, which was granted by the Supreme Court of Georgia.

Rule of Law

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Issue

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Holding and Reasoning (Smith, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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