John Buford Irving, III was indicted for capital murder in the Circuit Court of Pontotoc County. He was given a bifurcated trial following the guidelines set forth in Jackson v. State, 337 So. 2d 1242 (Miss. 1976). After hearing evidence pertaining to the guilt phase, the jury returned a verdict of guilty as charged. The same jury heard evidence on the sentence phase and unanimously found that the mitigating circumstances did not outweigh the aggravating circumstances, and that appellant should suffer the death penalty. The trial court sentenced him to death.
