Summary
holding that former Code § 59-106 was directory only and thus evidence showing that the jury list had not been revised according to that statute's timetable and did not contain a number of names equal to 50 percent of the registered voters of the county as required by an amendment to that statute "[did] not invalidate the jury list or deprive the defendant of any right to which he [was] entitled"
Summary of this case from Moody v. StateOpinion
33696.
DECIDED JULY 3, 1979.
Murder. Monroe Superior Court. Before Judge Sosebee.
Richard Milam, for appellant.
E. Byron Smith, District Attorney, Kenneth R. Waldrep, Assistant District Attorney, Arthur K. Bolton, Attorney General, Daryl A. Robinson, Assistant Attorney General, for appellee.
This case was remanded to this court by the Supreme Court of the United States with the direction that the judgment of this court be vacated in light of its opinion. Green v. Georgia, ___ U.S. ___ (47 LW 3774) (May 29, 1979). Pursuant to that mandate, the former judgment of this court in this case, Green v. State, 242 Ga. 261 ( 249 S.E.2d 1) (1978), is vacated, and the judgment of the trial court is affirmed except for that portion thereof which imposes the death penalty.
Direction is given to the trial court as follows: the trial court is directed to grant a new trial as to the sentence in accordance with the Supreme Court's opinion.
Judgment affirmed in part, vacated in part, and remanded with direction. All the Justices concur.