Sanders v. State

The appellant was duly charged with a felony-murder during a robbery. He was found guilty of first degree murder after a jury trial and received a recommendation of mercy from the jury. He was sentenced to life imprisonment and this appeal followed.

The first point presented by the appellant urges that he was entitled to a trial before two separate juries; first upon the issue of his guilt and then upon the issue of the penalty. He argues that such a procedure would allow the elimination of questions about capital punishment upon the voir dire examination of the jury to try the issue of guilt…