State v. Oliver

EXUM, Justice.

Defendants assign a multitude of errors to the guilt and sentence determination phases of the trial. Many are frivolous; because, however, this is a capital case, we touch upon them all. 2 We find no error in the guilt phase warranting a new trial. For error in the sentencing phase we vacate the death sentences and remand those cases in which the death penalty was imposed for new sentencing hearings and determinations.

The state’s evidence tends to show as follows:

On the morning of 12 December 1978 Bobby Hodge, a seven-year old boy at the time of trial, rode with his grandfather,…