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STATE v. FLONNORY

No. 72-8.

31 Ohio St. 2d 124 (1972)

THE STATE OF OHIO, APPELLEE, v. FLONNORY, APPELLANT.

Supreme Court of Ohio.

Decided July 19, 1972.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Harvey R. Monck, for appellee.

Mr. William H. Bluth, for appellant.

PUTMAN, J.

The state of Ohio conceded in open court, and we find, that the death penalty in this cause must be vacated and the sentence reduced to life imprisonment because veniremen were improperly excused for cause when they expressed general opposition to capital punishment but did not unambiguously state that they would automatically vote against the death penalty irrespective of what the evidence might reveal. See Wither spoon v. Illinois (1968...

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