Legare v. State

Hunt, Justice.

This is the third appearance of this death penalty case on direct appeal. See Legare v. State, 250 Ga. 875 (302 SE2d 351) (1983); Legare v. State, 243 Ga. 744 (257 SE2d 247) (1979). The facts of the case are essentially as set forth in Legare v. State, supra, 243 Ga. at 744-45.

Legare’s conviction and death sentence were affirmed on the first direct appeal. Subsequently, habeas relief was granted with respect to the death sentence, and a resentencing trial was conducted. On appeal, this court reversed on the ground that the jury had been instructed incorrectly.

After a second…