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253 Ark. 889

Kuehn v. State

Supreme Court of Arkansas

Decided January 29, 1973

Supreme Court of Arkansas · decided 1973-01-29

Cited by 4 later decisions — most recently April 1977

4 state decisions

Relies on Furman v. Georgia · O'NEAL v. State · Graham v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1973-01-29

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Frank Holt, Justice.

¶1A jury convicted appellant of first degree murder and assessed his punishment at death by electrocution. On appeal the only contention is that the judgment on this verdict constitutes cruel and unusual punishment as forbidden by the United States Constitution and, consequently, his sentence must be reduced to life imprisonment. This contention is valid. Furman v. Georgia, 408 U.S. 238 (1972), Graham v. State, 253 Ark. 462, 486 S.W. 2d 675 (1972), and O’Neal v. State, 253 Ark. 574, 487 S.W. 2d 618.

¶2The cause is remanded to the trial court for sentencing to life imprisonment which is the next highest available remedy. Ark. Stat. Ann. § 43-2308 (Repl. 1964).

¶3Affirmed as modified and remanded.

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