Whisman v. State

14 Citing cases

  1. Jarrell v. State

    234 Ga. 410 (Ga. 1975)   Cited 169 times
    Asking whether "juries generally throughout the state have imposed the death penalty"

    This enumeration is without merit. Witherspoon v. Illinois, 391 U.S. 510, 520 ( 88 S.C. 1770, 20 L.Ed.2d 776); Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719); Eberheart v. State, 232 Ga. 247, 250 ( 206 S.E.2d 12), and cases cited. 6. Defendant enumerates as error the court's permitting the state's chief investigator on this case to testify because he had heard the testimony of other witnesses, not having been sequestered.

  2. Eberheart v. State

    232 Ga. 247 (Ga. 1974)   Cited 67 times
    In Eberheart v. State, 232 Ga. 247, 253 (206 S.E.2d 12) (1974) it was held: "The bifurcated trial was created to withhold matters inadmissible on the issue of guilt or innocence from the jury until that issue had been determined.

    Under Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776), it was not error to dismiss these jurors. Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719); Johnson v. State, 226 Ga. 511 ( 175 S.E.2d 840); Henderson v. State, 227 Ga. 68 ( 179 S.E.2d 76); Hart v. State, 227 Ga. 171 ( 179 S.E.2d 346); Pass v. State, 227 Ga. 730 ( 182 S.E.2d 779). There is no merit in enumerations of error b, c, and d, all of which involve the same issue of disqualification.

  3. Pass v. State

    227 Ga. 730 (Ga. 1971)   Cited 87 times
    In Pass, supra, the Supreme Court was construing Code Ann. § 26-506 (b) and (c) (CCG § 26-506 (b) (c); Ga. L. 1968, pp. 1249, 1267) which deals only with "several crimes arising from the same conduct..."

    By their answers to questions propounded by the court and the district attorney, the excluded jurors made it clear that they would under no circumstances imaginable impose capital punishment. Under Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776); Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719); Johnson v. State, 226 Ga. 511 (1) ( 175 S.E.2d 840); and Hart v. State, 227 Ga. 171, 176 ( 179 S.E.2d 346) the jurors were disqualified to sit as jurors in the trial of this case. There is no merit in this enumeration of error.

  4. Henderson v. State

    227 Ga. 68 (Ga. 1970)   Cited 83 times
    In Henderson v. State, 227 Ga. 68 (179 S.E.2d 76), the defendant was charged in a three-count indictment with murder (one victim), kidnapping and rape of a second victim and rape of the second victim.

    Their exclusion by the trial court was clearly authorized by the ruling in Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776). See Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719), and Walker v. State, 226 Ga. 292 (1) ( 174 S.E.2d 440). This ground of enumerated error is without merit.

  5. Johnson v. State

    226 Ga. 511 (Ga. 1970)   Cited 63 times
    In Johnson v. State, 226 Ga. 511, 512 (175 S.E.2d 840) this court said: "The photographs were admissible to show the condition of the body of the deceased and the nature and extent of his wounds, and were used to illustrate medical testimony as to the cause of death of the deceased.

    Their answers make it unmistakably clear that they would automatically vote against the imposition of capital punishment without regard to any evidence that might be developed in the case. Under Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776); and Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719), the jurors were disqualified to sit as jurors in the trial of the case. There is no merit in enumerations of error 1, 2, and 3, all of which involve the question of disqualification because each juror could not impose the death sentence under any circumstances.

  6. Walker v. State

    226 Ga. 292 (Ga. 1970)   Cited 32 times

    1. "Under Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776) the trial court did not err in excluding for cause those prospective jurors who unmistakably answered that their reservations toward capital punishment were such that they would never vote to impose the death penalty regardless of the facts in the case. Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719); Hakala v. State, 225 Ga. 629 (1) ( 170 S.E.2d 406). Cf. Miller v. State, 224 Ga. 627, 636 ( 163 S.E.2d 730).

  7. Thacker v. State

    226 Ga. 170 (Ga. 1970)   Cited 27 times

    Under Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776), the trial court did not err in excluding for cause those prospective jurors who unmistakably expressed the view that their feelings toward capital punishment were such that they would never vote to impose the death penalty regardless of the facts of the case. Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719); Jackson v. State, 225 Ga. 790 (3) ( 171 S.E.2d 501). The term "feeling," as used by the court, referred to and was synonymous with the jurors' attitudes toward capital punishment, rather than indicating that they merely felt, rather than knew, that they would never vote to impose the death penalty regardless of the facts of the case, as is contended under enumerated error 6.

  8. Cummings v. State

    226 Ga. 46 (Ga. 1970)   Cited 21 times
    In Cummings v. State, 226 Ga. 46 (4) (172 S.E.2d 395), the Supreme Court held it was not error to deny the motion for a mistrial where the trial judge instructed the jury to disregard the remarks but did not expressly rebuke counsel.

    Appellant's counsel further requested the court for permission to ask the two additional questions allowed under Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776). Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719). The court ruled that counsel for the appellant could not further examine the jurors.

  9. Jackson v. State

    225 Ga. 790 (Ga. 1969)   Cited 17 times

    Under Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776) the trial court did not err in excluding for cause those prospective jurors who unmistakably answered that their reservations toward capital punishment were such that they would never vote to impose the death penalty regardless of the facts in the case. Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719); Hakala v. State, 225 Ga. 629 (1) ( 170 S.E.2d 406). Cf. Miller v. State, 224 Ga. 627, 636 ( 163 S.E.2d 730).

  10. Hakala v. State

    170 S.E.2d 406 (Ga. 1969)   Cited 4 times

    " The transcript does not quote the answer, but notes that the court received an affirmative answer from the juror to the question. See Whisman v. State, 224 Ga. 793 ( 164 S.E.2d 719), where this court, in a full bench decision, held that under Witherspoon v. Illinois, 391 U.S. 510 ( 88 S.C. 1770, 20 L.Ed.2d 776), it was not error to exclude the prospective juror where he answered that regardless of the facts, he would never vote to impose the death penalty. 2.