NEWTON v. STATE

59416.

154 Ga. App. 98 (1980)

267 S.E.2d 641

NEWTON v. THE STATE.

Court of Appeals of Georgia.

Decided March 20, 1980.


Attorney(s) appearing for the Case

William W. Keith, III, for appellant.

Stephen A. Williams, District Attorney, Eugene C. Tutwiler, III, for appellee.


McMURRAY, Presiding Judge.

Defendant was indicted on two counts of burglary; and in a third count as a recidivist under Code Ann. § 27-2511 (Ga. L. 1953, Nov. Sess., pp. 289, 290; 1974, pp. 352, 355) in that he had been previously convicted of three felonies, that is, two offenses of burglary and one of motor vehicle theft. He was tried and found not guilty as to Count 1 but convicted as to Count 2. Thereupon, the trial court discharged the jury stating that...

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