Jones v. State

Full title: JONES v. THE STATE

Court: Supreme Court of Georgia

Date published: Nov 21, 1968

164 S.E.2d 831 (Ga. 1968)

164 S.E.2d 831

Opinion

24538.

DECIDED NOVEMBER 21, 1968.

Murder. Fulton Superior Court. Before Judge Alverson.

Hester Hester, Frank B. Hester, Richard M. Hester, for appellant.

Lewis R. Slaton, Solicitor General, J. Roger Thompson, J. Walter LeCraw, Arthur K. Bolton, Attorney General, Marion O. Gordon, Assistant Attorney General, William R. Childers, Jr., Deputy Assistant Attorney General, for appellee.

NICHOLS, Justice.

Whereas the Supreme Court of the United States by judgment of that court, dated October 14, 1968, ( 21 L.Ed.2d 23) after the grant of the writ of certiorari in this case, remanded the case to this court for further consideration in light of Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 766), the judgment of this court affirming the conviction and death sentence for murder ( Jones v. State, 224 Ga. 283 ( 161 S.E.2d 302)), is vacated and the conviction is affirmed but the sentence of death is reversed with direction that the trial court impanel a jury selected as in a capital case for the submission to it of the sole question: Should the defendant be recommended to mercy and sentenced according to Code Ann. § 26-1302 (Ga. L. 1960, p. 266) ? See Miller v. State, 224 Ga. 627, 638 ( 163 S.E.2d 730).

Judgment reversed with direction. All the Justices concur.

DECIDED NOVEMBER 21, 1968.