MITCHELL v. STATE

25382.

225 Ga. 656 (1969)

171 S.E.2d 140

MITCHELL v. THE STATE.

Supreme Court of Georgia.

Decided September 29, 1969.

Rehearing Denied November 6, 1969.


Attorney(s) appearing for the Case

Charles M. Clayton, for appellant.

Richard Bell, District Attorney, Eugene Highsmith, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Mathew Robins, Assistant Attorneys General, for appellee.


NICHOLS, Justice.

The defendant was jointly indicted with James Henry Walker for the offense of rape but tried separately. The jury found him guilty without a recommendation of mercy and he received the death sentence. Thereafter his motion for new trial was overruled and the present appeal filed.

1. The defendant's first trial resulted in a mistrial and before the second trial a written motion was filed seeking to have the indictment quashed and evidence...

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