HOPPER v. HAMPTON

35177.

244 Ga. 361 (1979)

260 S.E.2d 73

HOPPER v. HAMPTON.

Supreme Court of Georgia.

Decided September 26, 1979.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, G. Stephen Parker, Assistant Attorney General, for appellant.

Thomas J. Killeen, for appellee.


UNDERCOFLER, Presiding Justice.

Al W. Hampton was tried and convicted for burglary and aggravated assault, and sentenced to serve 15 years and 12 months concurrently, respectively. He filed a petition for habeas corpus alleging that the burglary indictment was fatally defective in failing to allege specifically the felony, he "without authority, and with intent to commit a felony therein, entered the dwelling house ..." to commit. The habeas court granted his...

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