State v. Chance

BRANCH, Justice.

By his first assignment of error, based on Exceptions 2, 3, 4 and 5, defendant contends that the jury’s selection in the present case violated the mandate of Witherspoon v. Illinois, 391 U.S. 510, 20 L. Ed. 2d 776, 88 S.Ct. 1770.

Each of the challenged veniremen stated unequivocally that he or she would automatically vote against the imposition of capital punishment without regard to any evidence that might develop in the trial.

In Footnote 21 of Witherspoon v. Illinois, supra, it is stated:

“We repeat, however, that nothing we say today bears upon the power of a State to execute…