Stewart v. Massachusetts,
408 U.S. 845 (1972)

Annotate this Case

U.S. Supreme Court

Stewart v. Massachusetts, 408 U.S. 845 (1972)

Stewart v. Massachusetts

No. 71-5446

Decided June 29, 1972

408 U.S. 845



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. 408 U. S. 238. ___ Mass. ___, 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. 408 U. S. 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.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.