BARNES v. STATE

No. S97P2069.

496 S.E.2d 674 (1998)

269 Ga. 345

BARNES v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied April 2, 1998.


Attorney(s) appearing for the Case

James E. Millsaps, Horace Jerome Johnson, Jr., Covington, for Joseph Martin Barnes.

Alan A. Cook, Dist. Atty., Covington, Patricia Beth Attaway, Asst. Atty. Gen., Susan V. Boleyn, Senior Asst. Atty. Gen., Department of Law, Atlanta, W. Kendall Wynne, Jr., Asst. Dist. Atty., Covington, for State.

Stephen C. Bayliss, Atlanta, for other interested parties.


SEARS, Justice.

Joseph Martin Barnes was convicted of malice murder, felony murder, and armed robbery.1 The jury recommended a death sentence for the murder, finding as a statutory aggravating circumstance that the murder was committed during the commission of an armed robbery.2 On appeal, we find that the trial court improperly restricted the scope of mitigating...

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