SMITH v. STROZIER

25709.

226 Ga. 283 (1970)

174 S.E.2d 417

SMITH, Warden, v. STROZIER.

Supreme Court of Georgia.

Decided April 9, 1970.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Marion O. Gordon, Assistant Attorney General, Charles B. Merrill, Jr., B. Daniel Dubberly, Jr., for appellant.

Curlee Strozier, pro se.


FELTON, Justice.

Where the appellee waived indictment by the grand jury and plead guilty to an accusation charging him with robbery and the trial court sentenced him to 15 years' imprisonment, it must be presumed, nothing to the contrary appearing in the record, that the plea was to the lesser grade of the offense charged, robbery by intimidation, since the sentence imposed was within the statutory limits of punishment for that grade, which is not a capital offense...

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