MILLER v. STATE

31156.

237 Ga. 557 (1976)

229 S.E.2d 376

MILLER v. THE STATE.

Supreme Court of Georgia.

Decided September 8, 1976.

Rehearing Denied September 27, 1976.


Attorney(s) appearing for the Case

J. W. Claxton, James R. Venable, for appellant.

William H. Ison, District Attorney, James W. Bradley, Assistant District Attorney, Arthur K. Bolton, Attorney General, for appellee.


PER CURIAM.

This appeal involves the issue of a hung jury during the sentencing phase of a murder case after the accused had been convicted of murder during the guilty-not guilty phase of the trial. After conviction for murder, only two sentences can be imposed: the death penalty or life imprisonment. After approximately ten hours of deliberation concerning the sentence to be imposed in this case, the jury was deadlocked at 11-1. The trial judge then declared a mistrial...

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