Title 17, Chapter 10, Section 31
( 17-10-31)
Where, upon a trial by jury, a person is convicted of an offense
which may be punishable by death, a sentence of death shall not be
imposed unless the jury verdict includes a finding of at least one
statutory aggravating circumstance and a recommendation that such
sentence be imposed. Where a statutory aggravating circumstance is
found and a recommendation of death is made, the court shall
sentence the defendant to death. Where a sentence of death is not
recommended by the jury, the court shall sentence the defendant to
imprisonment as provided by law. Unless the jury trying the case
makes a finding of at least one statutory aggravating circumstance
and recommends the death sentence in its verdict, the court shall
not sentence the defendant to death, provided that no such finding
of statutory aggravating circumstance shall be necessary in offenses
of treason or aircraft hijacking. This Code section shall not affect
a sentence when the case is tried without a jury or when the judge
accepts a plea of guilty. |