State v. Stewart

Gregory, Justice:

Appellant Richard Stewart was found guilty of murder and sentenced to death pursuant to S. C. Code Ann. § 16-3-20 (Cum. Supp. 1983). We consolidate Stewart’s direct appeal with the mandatory review required by § 16-3-25. We affirm the conviction but reverse the sentence and remand for a new sentencing proceeding.

Appellant Richard Stewart was indicted for the murder of Mrs. Junie Rider, an elderly widow. The State alleged appellant broke into Mrs. Rider’s home, stole $13 from her, stabbed her several times, and stomped on her head as she lay on the floor with such force as to…