Opinion · Supreme Court of the United States
Stewart v. Massachusetts
33 L. Ed. 2d 744
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1972-06-29
- Topic
- general
defendant testifies as to events although he had a long history of being a heavy drinker and user of amphetamines and, on the date of the shootings, had drunk beer and brandy almost continually from morning to 5:00 p.m.
Citator
- Cited by
- 58 opinions
Per Curiam.
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.