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ROACH v. STATE

23311.

221 Ga. 783 (1966)

147 S.E.2d 299

ROACH v. THE STATE.

Supreme Court of Georgia.

Decided February 2, 1966.

Rehearing Denied February 16, 1966.

Attorney(s) appearing for the Case

Pittman & Kinney, Charles L. Pickell, John T. Avrett, for appellant.

Robert L. Vining, Jr., Solicitor General, Arthur K. Bolton, Attorney General, Rubye G. Jackson, Assistant Attorney General, for appellee.

CANDLER, Presiding Justice.

Freddie Roach was convicted of rape in Whitfield County on May 18, 1965, and sentenced to be electrocuted. The indictment against him was drawn under this State's second offense statute (Code § 27-2511) which provides: "If any person who has been convicted of an offense and sentenced to confinement and labor in the penitentiary shall afterwards commit a crime punishable by confinement and labor in the penitentiary, he shall...

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