229 Ga. 873 | Ga. | 1972
In this habeas corpus case, the attorney general in his brief points out that the record is silent on the question of whether or not the judge, who accepted the appellant’s plea, questioned him to insure
The Supreme Court of the United States, in Boykin v. Alabama, supra, p. 242, in dealing with a conviction for armed robberies held that “it was error, plain on the face of the record, for the judge to accept the petitioner’s guilty plea without an affirmative showing that it was intelligent and voluntary.” This court applied that ruling in Purvis v. Connell, supra.
Since the plea in the present case was not shown to have been intelligently and voluntarily entered, the sentence imposed is invalid and the detention is illegal. The judgment is reversed with direction that the plea of guilty and sentence be vacated and that appropriate action be taken by the trial court.
Judgment reversed with direction.