Kuehn v. State
| Decision Date | 29 January 1973 |
| Docket Number | No. 5722,5722 |
| Citation | 489 S.W.2d 505,253 Ark. 889 |
| Parties | Guy Lavern KUEHN, Appellant, v. STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Eddie N. Christian, Charles R. Garner and Burl C. Rotenberry, Fort Smith, for appellant.
Ray Thornton, Atty. Gen. by Henry Ginger, Deputy Atty. Gen., Little Rock, for appellee.
A 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, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972); Graham v. State, 253 Ark. ---, 486 S.W.2d 678 (1972), and O'Neal v. State, 253 Ark. ---, 487 S.W.2d 618 (1972).
The 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).
Affirmed as modified and remanded.
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Giles v. State
...much as we made in Graham v. State, 253 Ark. 462, 486 S.W.2d 678; O'Neal v. State, 253 Ark. 574, 487 S.W.2d 618; and Kuehn v. State, 253 Ark. 889, 489 S.W.2d 505. It is also urged that the sentencing procedures provided by Ark.Stat.Ann. § 41-4701 et seq. (Supp.1973) violate the Eighth Amend......
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Upton v. Graves
...of Graham v. State, 253 Ark. 462, 486 S.W.2d 678 (1972); O'Neal v. State, 253 Ark. 574, 487 S.W.2d 618 (1972), and Kuehn v. State, 253 Ark. 889, 489 S.W.2d 505 (1973), the capital felony provisions of Act 438 cannot be applied retrospectively to offenses committed prior to its adoption, Ark......
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