Dampier v. State

Subsequent to our decision in this case, but prior to transmittal of the remittitur to the trial court, the *883Supreme Court of the United States has decided Godfrey v. Georgia, 48 USLW 4541 (May 19, 1980). In that the appellant’s sentence of death rests partially1upon Code § 27-2534.1 (b) (7), his sentence must.be reviewed in light of Godfrey.

Code Ann. § 27-2534.1 (b) (7) provides in pertinent part: "The offense of murder . . . was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, or an aggravated battery to the victim.” In Godfrey, the court…