SWILLING v. MacDOUGALL

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.