Furman v. State, No. 25163

CourtSupreme Court of Georgia
Writing for the CourtDUCKWORTH
Citation225 Ga. 253,167 S.E.2d 628
PartiesWilliam Henry FURMAN v. The STATE.
Docket NumberNo. 25163
Decision Date24 April 1969

Page 628

167 S.E.2d 628
225 Ga. 253
William Henry FURMAN
v.
The STATE.
No. 25163.
Supreme Court of Georgia.
April 24, 1969.

[225 Ga. 255] B. Clarence Mayfield, Savannah, for appellant.

Andrew J. Ryan, Jr., Dist. Atty., Robert E. Barker, Savannah, Arthur K. Bolton, Atty. Gen., Marion O. Gordon, Asst. Atty. Gen., Larry H. Evans, Atlanta, for appellee.

Syllabus Opinion by the Court

[225 Ga. 253] DUCKWORTH, Chief Justice.

This case involves the crime of murder by shooting, occurring during a burglary after the intruder had been discovered by the deceased who was then shot through a closed door. The accused was indicted, tried and convicted without a recommendation for mercy. A motion for new trial, as amended, was filed, heard and overruled, and the appeal is from the judgment, after conviction, and sentence with error enumerated on the denial of the motion for new trial, as amended. Held:

1. A juror having been excluded for cause because he stated that his opposition to the death penalty would affect his decision as to a defendant's guilt, his exclusion did not fall within the rule as laid down in Witherspoon v. Illinois, 391 U.S.

Page 629

510, 88 S.Ct. 1770, 20 L.Ed.2d 776, and the court did not err in excluding him for cause. There is no merit in the amended motion complaining that the exclusion violated the rule in the Witherspoon case, supra.

2. The record showing a definitive determination from a consideration of the evidence by the trial judge, out of the jury's presence, that upon his arrest the accused had his constitutional rights explained to him, including the right to remain silent, the right of counsel, and that anything he said might be used against him in court, and that he thereafter freely and voluntarily and knowingly made certain statements in regard to the crime, the same was admissible both legally and factually, and all the requirements of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694; Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799; Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, and Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908, have been complied with fully and completely. We find no merit in the contention of counsel that his constitutional rights had been violated.

[225 Ga. 254] 3. We find no violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, supra, as contended by counsel, hence the extrinsic evidence of fingerprints, admissions,...

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24 practice notes
  • Furman v. Georgia Jackson v. Georgia Branch v. Texas 8212 5003, 69 8212 5030, 69 8212 5031, Nos. 69
    • United States
    • United States Supreme Court
    • June 29, 1972
    ...of murder in Georgia and was sentenced to death pursuant to Ga.Code Ann. § 26—1005 (Supp.1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S.E.2d 628 (1969). Petitioner in No. 69—5030 was convicted of rape in Georgia and was sentenced to death pursuant to Ga.Code Ann. § 26—1302 (Sup......
  • Blake v. Zant, No. CV480-251
    • United States
    • United States District Courts. 11th Circuit. United States District Court (Southern District of Georgia)
    • April 29, 1981
    ...surrounding the death of the deceased by violent means, was sufficient to support the verdict of guilty of murder. ..." Furman v. State, 225 Ga. 253, 254, 167 S.E.2d 628 408 U.S., at 294, n.48, 92 S.Ct., at 2754, n.48. (Brennan, J. concurring). Considering these facts, and only very sketchy......
  • Jones v. Cloud, No. 44360
    • United States
    • United States Court of Appeals (Georgia)
    • May 16, 1969
    ...and the panel from which to strike a jury is incomplete.' Felker v. Johnson, 53 Ga.App. 390, 396, 186 S.E. 144, 147. Cf. Furman v. State, 225 Ga. 253(1), 167 S.E.2d The jurors, it would appear, were disqualified. As to what was required to be done by a party desiring to have them removed fr......
  • Thacker v. State, No. 25494
    • United States
    • Georgia Supreme Court
    • February 13, 1970
    ...capital punishment have repeatedly been held not to be cruel and unusual punishment in violation of the Constitution.' Furman v. State, 225 Ga. 253(4), 167 S.E.2d 628 and cases cited. Enumerated error 12 is without (b) Nor is the statute placing it within the discretion of the jury to reduc......
  • Request a trial to view additional results
23 cases
  • Furman v. Georgia Jackson v. Georgia Branch v. Texas 8212 5003, 69 8212 5030, 69 8212 5031, Nos. 69
    • United States
    • United States Supreme Court
    • June 29, 1972
    ...of murder in Georgia and was sentenced to death pursuant to Ga.Code Ann. § 26—1005 (Supp.1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S.E.2d 628 (1969). Petitioner in No. 69—5030 was convicted of rape in Georgia and was sentenced to death pursuant to Ga.Code Ann. § 26—1302 (Sup......
  • Blake v. Zant, No. CV480-251
    • United States
    • United States District Courts. 11th Circuit. United States District Court (Southern District of Georgia)
    • April 29, 1981
    ...surrounding the death of the deceased by violent means, was sufficient to support the verdict of guilty of murder. ..." Furman v. State, 225 Ga. 253, 254, 167 S.E.2d 628 408 U.S., at 294, n.48, 92 S.Ct., at 2754, n.48. (Brennan, J. concurring). Considering these facts, and only very sketchy......
  • Jones v. Cloud, No. 44360
    • United States
    • United States Court of Appeals (Georgia)
    • May 16, 1969
    ...and the panel from which to strike a jury is incomplete.' Felker v. Johnson, 53 Ga.App. 390, 396, 186 S.E. 144, 147. Cf. Furman v. State, 225 Ga. 253(1), 167 S.E.2d The jurors, it would appear, were disqualified. As to what was required to be done by a party desiring to have them removed fr......
  • Thacker v. State, No. 25494
    • United States
    • Georgia Supreme Court
    • February 13, 1970
    ...capital punishment have repeatedly been held not to be cruel and unusual punishment in violation of the Constitution.' Furman v. State, 225 Ga. 253(4), 167 S.E.2d 628 and cases cited. Enumerated error 12 is without (b) Nor is the statute placing it within the discretion of the jury to reduc......
  • Request a trial to view additional results
1 firm's commentaries
  • <em>Furman</em> at 50: so much and so little
    • United States
    • LexBlog United States
    • June 29, 2022
    ...of murder in Georgia and was sentenced to death pursuant to Ga. Code Ann. § 26—1005 (Supp.1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S.E.2d 628 (1969). Petitioner in No. 69—5030 was convicted of rape in Georgia and was sentenced to death pursuant to Ga. Code Ann. § 26—1302 (S......

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