# House v. State

> Supreme Court of Georgia · April 4, 1974 · 232 Ga. 140

URL: https://www.frixlaw.com/law-library/cases/9602077

## Case

- **Full name:** House v. the State
- **Court:** Supreme Court of Georgia
- **Decided:** April 4, 1974
- **Citations:** 232 Ga. 140; 205 S.E.2d 217; 1974 Ga. LEXIS 887
- **Precedential status:** Published
- **Opinion:** Dissent by Gunter
- **Judges:** Undercofler, Gunter, Hall
- **Cited by:** 94 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/9602077

## Opinion text

Gunter, Justice,
dissenting.
I dissent from the judgment of the court on the ground that the present Georgia statutes authorizing the imposition of the death penalty establish a "discretionary system” as opposed to a "mandatory system” for imposing the death penalty, and such statutes are, in my judgment, unconstitutional pursuant to the decision of the Supreme Court of the United States in Furman v. Georgia, 408 U. S. 238 (92 SC 2726, 33 LE2d 346). My views in this regard are set forth in the concurring part of my concurring and dissenting opinion in Coley v. State, *149 231 Ga. 829 .
I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9602077. Public record. Not legal advice.