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HUGGINS v. COMMONWEALTH

191 S.E.2d 734 (1972)

213 Va. 327

Elly Joe HUGGINS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 9, 1972.

Attorney(s) appearing for the Case

Philip J. Hirschkop, Alexandria (Donald N. Patten, Newport News, Richard E. Crouch, Arlington, Patten & Wornom, Newport News, on brief), for plaintiff in error.

Robert E. Shepherd, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN, and POFF, JJ.

POFF, Justice.

On November 5, 1971, Elly Joe Huggins was convicted of first-degree murder by a jury which fixed his punishment at death.

After we had granted a writ of error to the judgment order, the Supreme Court of the United States in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), ruled that state statutes which authorize discretionary imposition of the death penalty offend the Eighth and Fourteenth...

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