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Lawskills.com Georgia Caselaw
MITCHELL v. SMITH.
26320.
MOBLEY, Presiding Justice.
Habeas corpus. Putnam Superior Court. Before Judge Jackson.
Appellant filed an application for habeas corpus contending that his concurrent sentences often years for burglary, and one year for escape, are illegal, asserting that he was illegally detained for three days after his arrest without being advised of his constitutional rights to remain silent and to have counsel present during questioning; that he was removed from jail and taken to a wooded section where he was beaten until he confessed to a crime he did not commit; that his plea of guilty was accepted without counsel being present to represent him; that his appointed counsel did not effectively assist him, and misled him by informing him that he was entering a plea of guilty to the charge of receiving stolen property.
At the hearing appellant testified in line with the contentions made in his petition for habeas corpus. Respondent introduced the interrogatories of Mr. Thomas M. Strickland, counsel appointed to represent appellant in the trial court, and documentary evidence which included the accusation charging appellant with burglary, the appointment of counsel, and the transcript of the preliminary hearing.
Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William R. Childers, Jr., Assistant Attorneys General, for appellee.
Wesley Eugene Mitchell, Jr., pro se.
SUBMITTED FEBRUARY 8, 1971 -- DECIDED FEBRUARY 15, 1971.
Friday May 22 16:05 EDT


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