Price v. State

On Motion for Rehearing.

The defendant vigorously insists that the 1909 decision in Brantley v. State, 132 Ga. 573 (64 SE 676), affirmed in 1910 by the United States Supreme Court in 217 U. S. 284 (30 SC 514, 54 LE 768), is no longer controlling as the law of this State, in view of the 1957 decision of the United States Supreme Court in Green v. United States, 355 U. S. 184 (78 SC 221, 2 LE2d 199, 61 ALR2d 1119) and the 1965 decision of the United States Court of Appeals, Second Circuit, in United States v. Wilkins, 348 F2d 844.

In the Green case the Supreme Court determined that a defendant…