State v. Davis

.Rhodes, Justice:

Lawrence Davis appeals from his conviction of murder while in the commission of robbery while armed with a deadly weapon. He was sentenced to die by electrocution under S. C. Code § 16-52 (Cum. Supp. 1975).

Davis seeks a new trial upon various grounds and also attacks the constitutionality of his sentence. We affirm his conviction of murder but reverse the sentence imposed and remand for the purpose of sentencing Davis to life imprisonment.

First, Davis contends the trial court erred in refus- - ing to order a mistrial because he was never ar- ■ raigned on the particular…