Opinion · Supreme Court of the United States
Stewart v. Massachusetts
408 U.S. 845
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1972-06-29
- Topic
- general
How later courts describe this case
- 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
UpLaw has not yet analyzed Stewart v. Massachusetts. The absence of a flag is not a finding that it is good law.
- Cited by
- 124 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.