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Lawskills.com Georgia Caselaw
GODFREY v. THE STATE.
34256.
UNDERCOFLER, Chief Justice.
Murder, etc. Polk Superior Court. Before Judge Winn.
The death sentence in the above case was reversed by the Supreme Court of the United States. Godfrey v. Georgia, 446 U. S. ---- (100 SC 1759, 64 LE2d 398) (1980). Accordingly, this court's previous affirmation of the death sentence is reversed. The trial court is directed to vacate the death sentence. Godfrey may be sentenced to life imprisonment or a resentencing trial may be conducted based upon any aggravating circumstance other than Code Ann. 27-2534.1 (b) (7). Redd v. State, 242 Ga. 876 (6) (252 SE2d 383) (1979); Davis v. State, 242 Ga. 901 (252 SE2d 443) (1979). The verdict and judgment of guilty remain affirmed.
John T. Perrin, District Attorney, Arthur K. Bolton, Attorney General, John W. Dunsmore, Jr., Assistant Attorney General, for appellee.
J. Calloway Holmes, Jr., Gerry E. Holmes, John C. Boger, for appellant.
DECIDED SEPTEMBER 8, 1980 -- REHEARING DENIED SEPTEMBER 23, 1980.
Sunday October 12 21:36 CDT


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