No. 78-6899.

446 U.S. 420 (1980)


Supreme Court of United States.

Decided May 19, 1980.

Attorney(s) appearing for the Case

J. Calloway Holmes, Jr., argued the cause for petitioner. With him on the brief was Gerry E. Holmes.

John W. Dunsmore, Jr., Assistant Attorney General of Georgia, argued the cause for respondent. With him on the brief were Arthur K. Bolton, Attorney General, Robert S. Stubbs II, Executive Assistant Attorney General, Don A. Langham, First Assistant Attorney General, and John C. Walden, Senior Assistant Attorney General.

MR. JUSTICE STEWART announced the judgment of the Court and delivered an opinion, in which MR. JUSTICE BLACKMUN, MR. JUSTICE POWELL, and MR. JUSTICE STEVENS joined.

Under Georgia law, a person convicted of murder1 may be sentenced to death if it is found beyond a reasonable doubt that the offense "was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim...

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