Cook v. State

Hill, Justice.

Joe B. Cook was found guilty of murder of his wife and was sentenced by the court to life in prison. One of his enumerations of error warrants discussion. He contends that it was a violation of Code Ann. § 59-718.1 to permit the jury to disperse during the presentation of the state’s case in chief at the sentencing trial in this capital case.

The district attorney had given notice of aggravating circumstances and thus had given notice of the state’s intention to seek the death penalty. However, when the jurors returned their verdict finding the defendant guilty, .they were polled…