Thornton v. State

Deen, Presiding Judge.

1. The defendant points out that under Clemmons v. State, 233 Ga. 187 (210 SE2d 657), it was held error to allow counts of the indictment alleging former convictions for the purpose of obtaining a maximum sentence to go out to the jury on a trial for rape, a capital felony not included in sentencing multiple offenders under Code § 27-2511. He then contends that it was error to submit these counts to the jury together since "he must be sentenced under the general recidivist statute for each and every count in the indictment or not be sentenced under the statute at all.”…