STATE v. JOHNSON


295 A.2d 741 (1972)

STATE of Delaware v. Lester McKinley JOHNSON.

Superior Court of Delaware, New Castle.

August 24, 1972.


Attorney(s) appearing for the Case

Richard R. Wier, Jr., State Prosecutor, James A. Erisman, Deputy Atty. Gen., Dept. of Justice, Wilmington, for State of Delaware.

Louis L. Redding, Angelo Falasca, Asst. Public Defenders, Wilmington, for Lester McKinley Johnson.


QUILLEN, Judge.

The defendant was convicted by a verdict of the jury of murder in the first degree. At the time of rendering the verdict, the jury did not recommend mercy. This result, under Delaware statutory law, would make the death penalty mandatory. Subsequently, the jury informed the Court that it was the jury's intention for the Court to have the option of imposing life imprisonment instead of the death penalty, an...

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