Hill v. State
Decision Date | 31 October 1978 |
Docket Number | 6 Div. 670 |
Citation | 371 So.2d 60 |
Parties | Walter HILL v. STATE. |
Court | Alabama Court of Criminal Appeals |
William A. Short, Jr. and Jackie M. McDougal, Bessemer, for appellant.
William J. Baxley, Atty. Gen., and Willis E. Isaac, Asst. Atty. Gen., for the State, appellee.
Walter Hill was charged by a four-count indictment under Alabama's Death Penalty Statute, Act No. 213, General Acts of Alabama, Title 15, Sections 342(3)-342(11), Code of Alabama 1940, as amended, 1975, 1 for the first degree murder of Willie Mae Hammock, John Tatum, Jr., and Lois Gene Tatum, by shooting them with a pistol. The jury found the appellant guilty as charged and fixed punishment at death by electrocution.
Thereafter the trial judge conducted a post conviction hearing on the aggravating and mitigating circumstances, as required by law. He then set punishment at death by electrocution.
I
The appellant contends that the trial court erred in granting the State's challenge for cause as to two prospective jurors.
The pertinent statute covering these challenges provides:
Title 30, § 57, Code of Alabama 1940, Recompiled 1958, now § 12-16-152, Code of Alabama 1975.
In Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776, and recently in Davis v. Georgia, 429 U.S. 122, 97 S.Ct. 399, 50 L.Ed.2d 339 (1976), the United States Supreme Court held that unless a venireman is "irrevocably committed, before the trial has begun, to vote against the penalty of death regardless of the facts and circumstances that might emerge in the course of the proceedings," 391 U.S. at 522, n. 21, 88 S.Ct. at 1777, he may not be excluded.
The voir dire of the two jurors is as follows (R. pp. 19-25):
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