Brown v. State

Quillian, Presiding Judge.

The defendant was convicted of armed robbery and appeals after the overruling of his motion for new trial. Held:

1. We consider this appeal in compliance with the ruling of the Supreme Court in Collins v. State, 239 Ga. 400, 402 (2) (236 SE2d 759).

2. The defendant was sentenced to life imprisonment. His counsel argues that the court erred by sentencing defendant under Code Ann. § 27-2511 (Ga. L. 1953, Nov. Sess., pp. 289, 290; 1974, pp. 352, 355) where he had not been indicted as a recidivist.

Submitted October 12, 1977 Decided January 10, 1978. William S. Cain, for…