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BOYD v. COMMONWEALTH

550 S.W.2d 507 (1977)

Wallace Oscar BOYD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied June 10, 1977.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Allen W. Holbrook, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Mark F. Armstrong, Asst. Atty. Gen., Frankfort, for appellee.

LUKOWSKY, Justice.

Wallace Oscar Boyd was indicted, tried and convicted in the Greenup Circuit Court of the intentional multiple murders of Alete Gilliam and Edward Howard. The statutes required the jury to fix his punishment at death. KRS 507.020(2)(e) and KRS 532.030(1). He appeals.

The primary question presented for decision is the constitutionality of Kentucky's 1974 mandatory death penalty, vis-a-vis, the Eighth and Fourteenth Amendments of the Constitution...

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