Hightower v. State

The Supreme Court has reversed our decision in this case and its decision (mandate) is before us in order that we may make the judgment of that court the judgment of our court.

I concur specially for the same reasons as stated in Middlebrooks v. State, 137 Ga. App. 596. In the case sub judice, Hightower spent 45 days in jail awaiting commitment hearing, a total of 85 days before trial, and was first provided counsel more than a month after the commitment hearing. No doubt the defendant’s constitutional rights were "over-run and trampled under foot,” and the presumption arises that they have…