Mitchell v. State

Gardner, P. J.(a) The plaintiff in error, Gordon L. Mitchell (whom we shall call the defendant), was indicted together with Roy Mitchell, Claude Slayden, and Frank Thomas. The indictment contained 47 counts charging the defendant with larceny of automobiles. After severance, the defendant was tried separately. He was convicted on 26 of the 47 counts, the jury recommending a punishment of from one to five years on each count. The defendant was sentenced to serve a minimum of one year and a maximum of five years on each count, to be served consecutively. After conviction, the defendant filed…