BLACK v. CALDWELL

28353, 28318, 28139.

231 Ga. 589 (1974)

203 S.E.2d 208

BLACK v. CALDWELL. COUCH v. CALDWELL. RIGGINS v. STYNCHOMBE.

Supreme Court of Georgia.

Decided January 7, 1974.

Rehearing Denied January 28, 1974.

Argued October 9, 1973.

Decided January 7, 1974.


Attorney(s) appearing for the Case

Robert J. Riggins, pro se.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Morris H. Rosenberg, Carter Goode, Arthur K. Bolton, Attorney General, for appellee.

James C. Bonner, Jr., for Couch.

Guy B. Scott, Jr., for Black.

Arthur K. Bolton, Attorney General, Courtney Wilder Stanton, David L. G. King, Jr., Assistant Attorneys General, for appellee.


GUNTER, Justice.

These three habeas corpus appeals raise related and difficult issues.

In No. 28353, Black was indicted and convicted of theft of a motor vehicle, the crime having occurred on September 24, 1971. The indictment did not charge him with any prior convictions. However, at the sentencing phase of the trial pursuant to our two-step felony procedure, evidence was introduced showing prior convictions, and the jury returned a sentence of twenty years...

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