The Supreme Court of Georgia subsequently set aside Defendant’s death sentences on the armed robbery counts, on the basis, that defendants are rarely subject to capital punishment for that crime. The Court upheld defendant’s death sentences with respect to the murder convictions. In the wake of the Supreme Court’s decision in the Furman case, which held a death penalty statute to be unconstitutional, because it resulted in death being imposed in an “arbitrary and capricious” manner, the Georgia legislature revised its death penalty statute so that death could only be imposed when the jury had found the presence of specific aggravating factors. This effectively narrowed the class of murderers subject to capital punishment. The new statute created
