GILBERT v. SMITH

25098.

225 Ga. 210 (1969)

166 S.E.2d 889

GILBERT v. SMITH, Warden.

Supreme Court of Georgia.

Decided March 20, 1969.

Rehearing Denied April 3, 1969.


Attorney(s) appearing for the Case

Smith, Cook & Portman, Barnard M. Portman, W. Lance Smith, for appellant.

Arthur K. Bolton, Attorney General, Marion O. Gordon, Assistant Attorney General, B. Daniel Dubberly, Jr., William R. Childers, Jr., Deputy Assistant Attorneys General, for appellee.


DUCKWORTH, Chief Justice.

This is a habeas corpus proceeding in which the applicant alleges (1) an illegal search and seizure wherein the so-called burglary tools were found in his possession, (2) he was convicted on contradictory, irrelevant and prejudicial testimony, and (3) he was not advised of the right of counsel. There is no transcript of evidence in the record, and while the applicant alleges that a statement of facts would be stipulated, none is in the record...

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