Davis v. State
| Citation | 222 Ga. 114,149 S.E.2d 130 |
| Decision Date | 19 April 1966 |
| Docket Number | No. 23424,23424 |
| Parties | Leon DAVIS v. The STATE. |
| Court | Supreme Court of Georgia |
Error from Superior Court, Mitchell County; George R. Lilly, Judge.
B. Clarence Mayfield, Savannah, Morris Brown, Atlanta, for appellant.
Fred B. Hand, Jr., Sol. Gen., Pelham, Arthur K. Bolton, Atty. Gen., Rubye G. Jackson, Asst. Atty. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
This case has been previously reviewed by this court. Davis v. State, 216 Ga. 110, 114 S.E.2d 877. In the former case the judgment was affirmed. However, the United States Court of Appeals, Fifth Circuit, held that the application of appellant and Phil Whitus (jointly indicted with the appellant) for writ of habeas corpus in the United States District Court should have been granted, and remanded the case for further proceedings. Whitus v. Balkcom, 333 F.2d 496. The appellant was reindicted and again convicted of murder without a recommendation of mercy. In his brief the appellant expressly abandons all enumerations of error originally filed in his appeal except the contention that the judgment overruling the challenge to the array of petit jurors was error. The issue here presented is in substance the same issue raised by enumeration five in Whitus v. State, 221 Ga. ----, 149 S.E.2d 130, decided adversely to the appellant in that case in division five of the opinion. Hence Whitus v. State, supra, and the cases therein cited, control in this decision.
Judgment affirmed.
All the Justices concur.
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Whitus v. State of Georgia Whitus v. State of Georgia, s. 650 and 253
...were put to trial and were convicted. The Supreme Court of Georgia affirmed. Whitus v. State, 222 Ga. 103, 149 S.E.2d 130; Davis v. State, 222 Ga. 114, 149 S.E.2d 130. We granted certiorari. 385 U.S. 813, 87 S.Ct. 183, 17 L.Ed.2d 54. We find that the circumstances here, unexplained by the S......
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Davis v. State, 23424
...on January 23, 1967, Whitus v. State, 385 U.S. 545, 87 S.Ct. 643, 17 L.Ed.2d 599, reversed the judgment of this court in Davis v. State, 222 Ga. 114, 149 S.E.2d 130, wherein this court affirmed the judgment of the Superior Court of Mitchell County convicting the defendant of the crime of mu......