1. Home
  2. Browse Decisions
  3. Mass.
  4. 369 Mass.
  5. 369 Mass. 242 (1975)
 

COMMONWEALTH v. O'NEAL

369 Mass. 242 (1975)

339 N.E.2d 676

COMMONWEALTH vs. ROBERT E. O'NEAL.

Supreme Judicial Court of Massachusetts, Suffolk.

December 22, 1975.

Attorney(s) appearing for the Case

William P. Homans, Jr., for the defendant.

D. Lloyd Macdonald, Assistant District Attorney, for the Commonwealth.

Raymond H. Young, Edward J. Barshak, Robert Haydock, Jr., Manuel Katz, Robert P. Moncreiff, & Terry P. Segal, for the Boston Bar Association, amicus curiae, submitted a brief.

Malvine Nathanson for the Massachusetts Defenders Committee, amicus curiae, submitted a brief.

Laurence H. Tribe & John Reinstein for the Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

Lawrence D. Shubow, Clyde D. Bergstresser, Morris S. Shubow, & Jeremy A. Stahlin for the Massachusetts Council for the Abolition of the Death Penalty & another, amici curiae, submitted a brief.

Joseph P. Busch, Preston Trimble, Patrick F. Healy, Harry B. Sondheim, Arnold T. Guminski, & Daniel L. Bershin, all of California, for the National District Attorneys Association, amicus curiae, submitted a brief.

Paul Raymond Stone of Charlestown, West Virginia, amicus curiae, submitted a brief.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

BY THE COURT.

Pursuant to our order in Commonwealth v. O'Neal, 367 Mass. 440, 450 (1975), the parties and amici have presented arguments as to whether the State has a compelling interest in retention of the death penalty. We now address the issue whether the mandatory death penalty for murder committed in the course of rape or attempted rape, G.L.c. 265, § 2, is constitutional. For the reasons stated in the concurring...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases