GAINEY v. STATE

28860.

232 Ga. 334 (1974)

206 S.E.2d 474

GAINEY v. THE STATE.

Supreme Court of Georgia.

Decided May 28, 1974.


Attorney(s) appearing for the Case

Melton, McKenna & House, James N. Butterworth, Andrew W. McKenna, for appellant.

Fred M. Hasty, District Attorney, Charles H. Weston, for appellee.


NICHOLS, Presiding Justice.

Sandra Gainey was indicted for the murder of her husband and convicted of voluntary manslaughter. The jury was unable to agree upon a sentence on the sentencing phase of their deliberations and under the provisions of the Act of 1970 (Ga. L. 1970, p. 949; Code Ann. § 27-2534), the trial court removed such question from the jury's consideration and, after conducting a pre-sentence investigation, 12 days later sentenced the appellant...

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