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BROWN v. SMITH

24140.

223 Ga. 433 (1967)

156 S.E.2d 28

BROWN, Warden v. SMITH.

Supreme Court of Georgia.

Decided June 22, 1967.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, G. Ernest Tidwell, Executive Assistant Attorney General, Carter A. Setliff, Marion O. Gordon, Assistant Attorneys General, Mathew Robins, Deputy Assistant Attorney General, Joel C. Williams, Jr., for appellant.

George W. Stacy, for appellee.

NICHOLS, Justice.

W. Eugene Smith, a prisoner in the Decatur County Prison Branch of the State Penitentiary of Georgia, filed a habeas corpus petition in which he alleged that his imprisonment was illegal because he was not represented by counsel anytime between his arrest and sentence for burglary, nor did he make an intelligent waiver of such right. On the trial of the issue thus made the prisoner, his brother, wife and...

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