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.