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McPherson v. State

The trial court properly refused to excuse for cause a prospective juror who was a corrections officer and had no general arrest power.

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A jury found Mark McPherson guilty of malice murder, financial transaction card theft, and two counts of theft by taking. For the murder, the jury recommended the death penalty, finding the following aggravating circumstances: the offense of murder was committed while McPherson was engaged in the commission of an aggravated battery on the victim; the offense of murder was committed by McPherson for the purpose of receiving money or other things of monetary value; and the offense of murder was outrageously or wantonly vile, horrible, or inhuman in that it involved depravity of mind and an aggravated battery to the victim before death. OCGA § 17-10-30 b 2, 4, 7. McPherson’s motion for new trial was denied. The case is before us for mandatory review pursuant to OCGA § 17-10-35 and the Unified Appeal Procedure.1 Colwell v. State, 273 Ga. 338, 339 2 543 SE2d 682 2001.

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