The STATE v. Worthy

Otherwise in full accord with the leading opinion, by Moss, J., I cannot escape the conclusion that the Trial Judge erred in refusing to instruct the jury, as requested by defendant’s counsel, with regard to their unrestricted power to recommend mercy, and that because of such error a new trial should be ordered.

*470Review of the legislative enactments hereinafter referred to, and of the decisions of this court interpreting them discloses substantial change, over a long period of years, in public policy with respect to enforcement of the death penalty in cases of murder, rape, arson, and burglary.