State v. Atkins

Harwell, Justice:

Appellant was convicted of two counts of murder, first degree burglary, unlawful possession of a sawed-off shotgun, two counts of assault with intent to kill, and unlawful possession of a pistol. Appellant received the death penalty for both counts of murder. This case is before this Court pursuant to appellant’s direct appeal and the mandatory review provision of S. C. Code Ann. § 16-3-25 (1976). We affirm the guilt phase, reverse the sentencing phase, and remand for a new sentencing hearing.

I FACTS

Appellant lived on one side of a duplex and his father, Benjamin Atkins,…