State v. Thornton

Weltner, Justice.

Thornton was indicted for the murder of Mary Frances Moss. The state appealed to the Court of Appeals from an order sustaining a motion to suppress evidence, which was entered prior to the impaneling of a jury. OCGA §§ 5-7-1 (4), 5-7-2. The Court of Appeals transferred the case to this court.

1. The district attorney did not give timely notice to the defense that the state intended to seek the death penalty, Unified Appeal, § II. A. 1., 246 Ga. at A-7, and for this reason this is not a case “in which a sentence of death was imposed or could be imposed.” Constitution of Georgia…