DUTTON v. MIMS

24125.

223 Ga. 423 (1967)

156 S.E.2d 93

DUTTON, Warden v. MIMS.

Supreme Court of Georgia.

Decided June 22, 1967.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, B. Daniel Dubberly, Jr., Mathew Robins, Deputy Assistant Attorneys General, Marion O. Gordon, Assistant Attorney General, for appellant.

Stanley H. Nylen, for appellee.


DUCKWORTH, Chief Justice.

The lower court, having heard the evidence of the prisoner-applicant that he was only fifteen years of age at the time of his trial, that he was an orphan, unaware of his constitutional rights and did not expressly waive them, was not represented by counsel, did not plead guilty, and was unaware of his right to counsel — all of which stands uncontradicted except by the rebuttable presumption in favor

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