State v. Wood

A jury found defendant guilty of first degree murder. The jury having been waived for the penalty phase, the court heard evidence from the prosecution and defense, and then sentenced the defendant to death. This appeal followed.

A majority of the court holds:

1) That the conviction for first degree murder should be áffirmed; and

2) That the sentence of death should be vacated and the case remanded to the district court for resentencing.

Opinions on the guilt and penalty phases will be filed hereafter.

Speaking of the legal standard governing when the death sentence should be imposed and when the…