In Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972), and several other cases decided at the same time, the Court applied Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), retroactively.Summary of this case from Wiggins v. State
Decided June 29, 1972.
Imposition and carrying out of death penalty in this case held to constitute cruel and unusual punishment in violation of Eighth and Fourteenth Amendments. Furman v. Georgia, ante, p. 238.
359 Mass. 671, 270 N.E.2d 811, vacated and remanded.
The appellant in this case was sentenced to death. The imposition and carrying out of that death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Furman v. Georgia, ante, p. 238. The motion for leave to proceed in forma pauperis is granted. The judgment is therefore vacated insofar as it leaves undisturbed the death penalty imposed, and the case is remanded for further proceedings.