Citation Codes Equivalent Citations citation codes Docket Number 18916 Attorney(S) B.O. Thomason, Jr. Solicitor, of Greenville, for Appellant, cites: As to trial Judge refusing to allow a juror to serve on a case after admitting on his voir dire examination his disbelief in capital punishment for murder not being error: 149 S.C. 439, 147 S.E. 441; 90 S.E. 296, 73 S.E. 180; 237 S.C. 293, 117 S.E.2d 379; 34 S.C. 49, 12 S.E. 657. As to the choice between life imprisonment and the death penalty being left by the trial courts to the jury in every case, regardless of past custom and practice: (S.C.) 162 S.E.2d 712; (U.S.) 20 L.Ed.2d 138, 88 S.Ct. 1209; 201 S.C. 403, 23 S.E.2d 387; 288 S.C. 88, 88 S.E.2d 880, 272 Ky. 714, 114 S.E.2d 1108; 189 S.W.2d 748. Messrs. James W. Sparks and C. Ben Bowen, of Greenville, for Respondent, cite: As to the exclusion of the three jurors, who were opposed to capital punishment, being error: 237 S.C. 293, 117 S.E.2d 379; (U.S.) 88 S.Ct. 1770: As to the Court properly reducing petitioner's sentence from death to life imprisonment: S.C.L.R. Vol 20, 1968, No. 5 833; (U.S.) 88 S.Ct. 1770. See more information ... Smart Summary Please sign up to generate summary. James Weldon SWILLING, Respondent, v. Ellis C. MacDOUGALL, Director,South Carolina Department of Corrections, Appellant. May 6, 1969. Per Curiam. This appeal arises out of a habeas corpus proceeding instituted by James Weldon Swilling in which he challenges on several grounds his conviction and sentence of death for murder. Although the petition or habeas corpus was based upon several grounds, the lower court, pursuant to an agreement of the parties, passed upon only one of the issues involved, reserving the others for later determination. An adjudication of the one issue presented in this appeal will not dispose of all issues involved in the proceeding. Since this is true, the cause is remanded to the lower court for a determination of the other grounds of the petition, so that all issues involved may be disposed of in a single appeal. A partial disposition of issues before the lower court, resulting in piecemeal appeals, is not favored. Remanded.