CAPE v. STATE

36298.

246 Ga. 520 (1980)

273 S.E.2d 403

CAPE v. THE STATE.

Supreme Court of Georgia.

Decided October 8, 1980.


Attorney(s) appearing for the Case

Floyd W. Keeble, Jr., for appellant.

J. Cleve Miller, District Attorney, Lindsay A. Tise, Jr., Assistant District Attorney, Arthur K. Bolton, Attorney General, Mary Beth Westmoreland, Staff Assistant Attorney General, for appellee.


NICHOLS, Justice.

Garnett Cape, the appellant, was convicted and sentenced to death by a jury in Franklin County Superior Court for the May 17, 1979, murder of Karen Dove. His case is now before this court on direct appeal and for mandatory review of the death sentence.

I. Summary of the Evidence.

From the evidence presented at trial, the jury was authorized to find the following facts:

The appellant, a 56-year-old male, was the uncle...

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