Wyatt v. State

Duckworth, Ghief Justice.

None of the headnotes requires elaboration except 4. By a long line of full bench decisions, including Johnson v. State, 58 Ga. 491; Hill v. State, 72 Ga. 131; Barfield v. State, 179 Ga. 293 (175 SE 582); and Jennings v. State, 212 Ga. 58 (90 SE2d 401), this court is committed to a construction of Code § 26-1005, which leaves to the jury an unlimited power to recommend mercy with or without reason, even arbitrarily, and that it is reversible error for the judge to require the jury to consider anything in reaching its conclusion as to whether or not it will make such…