Mosher v. State

Thompson, Justice.

Winston Henry Mosher was convicted of malice murder, kidnapping with bodily injury, and conspiracy to commit theft by taking of an automobile. Although the State sought the death penalty, see State v. Mosher, 265 Ga. 666 (461 SE2d 219) (1995) (granted application for interim appeal), a jury recommended life imprisonment. Seeking reversal of his convictions, Mosher challenges an instruction requiring the jury to find mental retardation beyond a reasonable doubt in order to return a verdict of guilty but mentally retarded. He also asserts that the trial court erroneously…