Newton v. State

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 the procedure was to "then go into a presentence hearing, at which time each side is given the opportunity to present evidence either in…