Massey v. State

Cook, Justice.

DeWayne Massey was indicted for the offense of rape at the October term, 1964, of Turner Superior Court. On the trial he was found guilty without a recommendation of mercy. On appeal to this court, the conviction was reversed and a new trial ordered, on the ground that the trial judge failed to comply fully with the rule of sequestration of witnesses. See Massey v. State, 220 Ga. 883 (142 SE2d 832).

The defendant was re-indicted for the same offense involving the same victim, as alleged in the first indictment, at the July term, 1965, of Turner Superior Court. Before plea and…