State v. Davis

Gregory, Justice:

Appellant, Frederick C. Davis, was convicted of murder in the commission of armed robbery and sentenced to death under Section 16-52 of the 1962 Code of Laws, as amended. He appeals, alleging errors in the admission of an in-court identification allegedly tainted by an out-of-court, illegal identification; refusal to declare a mistrial; and refusal to direct a verdict. He also appeals the constitutionality of the death penalty. We affirm the conviction, reverse and vacate the mandatory death penalty and remand for resentencing.

Appellant assigns prejudicial error in permitting…