Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MATHIS v. THE STATE.

BELL, Chief Judge.

The defendant was indicted for aggravated assault. The indictment also charged that he had been previously convicted of an offense and sentenced to confinement and labor in the penitentiary. His special demurrer to the indictment on the ground that it contained prejudicial matter relating to a prior offense was overruled. During the guilt or innocence stage of the trial, the previous conviction was admitted over objection. Held:

1. It was not error to overrule the special demurrer for it is required that before recidivist punishment can be imposed, the defendant must have been indicted under the applicable recidivist statute, in this case Code Ann. § 27-2511. Tribble v. State, 168 Ga. 699 ( 148 S.E. 593). However, under our bifurcated trial procedure, it is reversible error, absent a waiver, to disclose the previous conviction during the guilt or innocence phase of the trial. Riggins v. Stynchombe, 231 Ga. 589, 592 ( 203 S.E.2d 208). We reverse for this reason.

2. It is not error for the trial court to fail to give requested instructions in the exact language requested where the court charged substantially the same principles contained in the requests. Jackson v. State, 225 Ga. 553 ( 170 S.E.2d 281).

Judgment reversed. Quillian and Clark, JJ., concur.

ARGUED NOVEMBER 4, 1974 — DECIDED DECEMBER 3, 1974.
Use AI to get other relevant cases.

Comments

MATHIS v. STATE
(Dec 3, 1974)