Moore v. Kemp

Clarke, Justice.

Moore’s application to appeal from the denial of a writ of habeas corpus was granted to consider whether the charge to the jury was defective under our holding in Stynchcombe v. Floyd, 252 Ga. 113 (311 SE2d 828) (1984), that the charge must clearly inform the jury that it is authorized to impose a sentence of life imprisonment even in the presence of statutory aggravating circumstances which would justify a sentence of death. The charge in this case was very similar to the charge in Floyd, supra.

The principles reiterated in Floyd, supra, were first enunciated by this court in…