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GREEN v. STATE

47977.

129 Ga. App. 27 (1973)

198 S.E.2d 343

GREEN v. THE STATE.

Court of Appeals of Georgia.

Decided April 3, 1973.

Rehearing Denied May 2, 1973.

Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, James H. Mobley, Jr., Morris H. Rosenberg, David D. Rawlins, for appellee.

DEEN, Judge.

1. "Where the second conviction changes the grade of the offense, or authorizes a higher penalty than could otherwise have been imposed, the former conviction enters as an element into the new offense, and must be alleged as a necessary part of the description and character of the crime intended to be punished." McWhorter v. State, 118 Ga. 55, 56 (44 SE 873) cited in Tribble v. State, 168 Ga. 699 (3) (148 SE 593). And see to the same effect...

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