FORBES v. STATE

48266.

129 Ga. App. 231 (1973)

199 S.E.2d 548

FORBES v. THE STATE.

Court of Appeals of Georgia.

Decided June 15, 1973.


Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Dennis S. Mackin, Thomas W. Hayes, Morris H. Rosenberg, for appellee.


PANNELL, Judge.

1. Assuming, without deciding, that the introduction into evidence on a sentence hearing of a prior conviction of the defendant of another offense, which was then pending on motion for new trial would be error, on the theory that the prior conviction was not then final; yet, where, as in the present case, it appears by stipulation in the record that such prior conviction was not overturned but a new trial as to sentence only was granted, all prior...

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