State v. Smart

Lewis, Chief Justice:

Appellant was found guilty of two murders while in the commission of larceny with use of a deadly weapon. He was sentenced to death for each offense. We affirm the convictions, vacate the sentences and remand for new trial thereof. In vacating these sentences we are governed by our holding in State v. Woomer, S. C., 284 S. E. (2d) 357, that injection of the solicitor’s personal opinion into jury deliberations on the death sentence is impermissible and requires reversal. In his closing argument at the sentencing trial, the solicitor three times made reference to his…