Green v. State

Deen, Judge.

1. "Where the second conviction changes the grade of the offense, or authorizes a higher penalty than could otherwise have been imposed, the former conviction enters as an element into the new offense, and must be alleged as a necessary part of the description and character of the crime intended to be punished.” McWhorter v. State, 118 Ga. 55, 56 (44 SE 873) cited in Tribble v. State, 168 Ga. 699 (3) (148 SE 593). And see to the same effect Landers v. Smith, 226 Ga. 274 (3) (174 SE2d 427); Studdard v. State, 225 Ga. 410 (1) (169 SE2d 327).

The defendant here was convicted of…