Davis v. State

Bowles, Justice.

The appellant, Freddie Davis, was indicted by a grand jury in Meriwether County for the January 31, 1977, rape and murder of Frances Coe. He was tried by a jury and found guilty of both offenses. Appellant was sentenced to death for the murder and was given a life sentence for rape.

In Davis v. State, 240 Ga. 763 (243 SE2d 12) (1978), appellant’s convictions and life sentence for rape were affirmed. Because the court’s sentencing instructions failed to make clear to the jury that they could recommend a life sentence even if they found the existence of a statutory aggravating…