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DUTTON v. STATE

27010.

228 Ga. 850 (1972)

188 S.E.2d 794

DUTTON v. THE STATE.

Supreme Court of Georgia.

Decided April 6, 1972.

Attorney(s) appearing for the Case

Telford, Stewart & Stephens, Charles W. Stephens, for appellant.

Jeff C. Wayne, District Attorney, Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William F. Bartee, Jr., Assistant Attorneys General, for appellee.

HAWES, Justice.

Hubert Allen Dutton was indicted by separate bills for the offense of murder and for the offense of burglary. He pleaded not guilty and elected to have the two indictments tried together. The jury returned separate verdicts, finding him guilty of murder with a recommendation of mercy and finding him guilty of the offense of burglary and fixing his punishment at five years imprisonment. He was sentenced to life imrpisonment on the murder conviction...

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