# Hawes v. State

> Supreme Court of Georgia · November 28, 1977 · 240 Ga. 327

URL: https://www.frixlaw.com/law-library/cases/9597488

## Case

- **Full name:** Hawes v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** November 28, 1977
- **Citations:** 240 Ga. 327; 240 S.E.2d 833; 1977 Ga. LEXIS 1496
- **Precedential status:** Published
- **Opinion:** Concurrence by Hill
- **Judges:** Hall, Hill, Jordan, Marshall
- **Cited by:** 190 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9597488

## Opinion text

Hill, Justice,
concurring specially.
Insofar as the conviction of the defendant is affirmed, I concur in the judgment only. Insofar as the imposition of the death sentence is reversed, I concur in that judgment also, but for reasons which differ from those of the majority.
The defendant was 15 years old at the time the crime was committed. No evidence was offered by the state showing that this defendant had engaged in any criminal activity prior to this time. The evidence that this *341 defendant was the actual perpetrator of the crime was circumstantial evidence. The co-defendant Eddie Maurice Hawes (see Hawes v. State, 239 Ga. 630 (1977)), did not receive the death penalty. I would find that the sentence to death in this case is excessive and disproportionate to the penalty imposed in similar cases considering both the crime and the defendant. Code Ann. § 27-2537 (c) (3).
On Motion for Rehearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9597488. Public record. Not legal advice.