December 3, 1979
SMITH, AKA MACHETTI
HURLEY, ACTING WARDEN.
Super. Ct. Ga., Baldwin County. Reported below: No. 79-5391, 243 Ga. 744, 257 S.E. 2d 247.
MR. JUSTICE BRENNAN and MR. JUSTICE MARSHALL, dissenting.
Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.
© 1998 VersusLaw Inc.