Strickland v. State

Hawkins, Justice,

dissenting. I dissent from the ruling here made. The judgment of reversal in this case is predicated solely upon the ground that the judge charged the juiy the law. In a capital-felony case the jury has a right to recommend or decline to recommend mercy with or without any reason. They are the exclusive judges of the question as to whether or not mercy shall be recommended, and upon that question the jury is entitled to know that a life sentence really means that the defendant will serve for life, provided he is not pardoned or paroled under the rules and regulations of the Board of Pardons and Paroles. I am authorized to say that Mr. Chief Justice Duckworth and Mr. Justice Candler concur in this dissent.