Gordon v. State, 42486

• Decision Date: 12 July 1963
• Docket Number: No. 42486,42486
• Citation: 155 So.2d 295
• Parties: George A. GORDON, Alias 'Doc' Smith v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 295

155 So.2d 295

George A. GORDON, Alias 'Doc' Smith v. STATE of Mississippi.

No. 42486.

Supreme Court of Mississippi.

July 12, 1963.

Melvin L. Wulf, New York City, for appellant.

Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.

McGEHEE, Chief Justice.

Appellant was convicted of rape in the Circuit Court of Lowndes County, Mississippi and sentenced to be executed. His conviction was affirmed by this Court on February 4, 1963 and Friday, March 22, 1963, was set for date of execution of the death sentence. Miss., 149 So.2d 475. On March 18, 1963, Miss., 150 So.2d 851, this Court refused to stay execution pending petition for writ of certiorari in the United States Supreme Court.

On March 21, 1963 Associate Justice Hugo L. Black of the Supreme Court of the United States entered a stay of execution providing a petition for writ of certiorari be filed on or before April 23, 1963 in that Court. The order or Mr. Justice Black provided that, 'In the event the petition for writ of certiorari is denied, this stay is to terminate automatically.'

On June 17, 1963 the Supreme Court of the United States denied the writ of certiorari filed therein by appellant, 373 U.S. ----, 83 S.Ct. 1918, and, therefore, the stay of execution granted by Mr. Justice Black is no longer in effect and is automatically terminated.

The cause is now before us on motion of the State to set a new date for execution, and it is hereby ordered and adjudged that Friday, August 23, 1963, be and the same is hereby fixed as the date for the execution of the death sentence.

Motion sustained and execution set for Friday, August 23, 1963.

All Justices concur.