McLENDON v. STATE

17255.

207 Ga. 328 (1950)

61 S.E.2d 502

McLENDON v. THE STATE.

Supreme Court of Georgia.

Rehearing Denied October 19, 1950.


Attorney(s) appearing for the Case

A. L. Henson, Samuel E. Tyson, and Randall Evans Jr., for plaintiff in error.

Eugene Cook, Attorney-General, George Hains, Solicitor-General, and J. R. Parham, Assistant Attorney-General, contra.


DUCKWORTH, Chief Justice.

After a verdict of guilty of murder without recommendation had been affirmed by this court (McLendon v. State, 205 Ga. 55, 52 S.E.2d 294) and, on the hearing of an application for habeas corpus, judgment was entered holding that the sentence to death was void, in that it failed to conform to the provisions of the statute, and the defendant was remanded to the court where he was convicted with direction that he be sentenced in...

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