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Criminal Law Keyed to Gershowitz
Gregg v. Georgia
Citation:
428 U.S. 153, 96 S.Ct. 2909, 49 L.Ed.2d 859
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
The evidence at trial established that on November 21, 1973, the petitioner and a traveling companion, Floyd Allen, while hitchhiking north in Florida, were picked up by Fred Simmons and Bob Moore. Their car broke down, but they continued north after Simmons purchased another vehicle with some of the cash he was carrying. While still in Florida, they picked up another hitchhiker, Dennis Weaver, who rode with them to Atlanta, where he was let out about 11 p.m. A short time later the four men interrupted their journey for a rest stop along the highway. The next morning the bodies of Simmons and Moore were discovered in a ditch nearby.
On November 23, after reading about the shootings in an Atlanta newspaper, Weaver contacted the police. The next afternoon, the petitioner and Allen, while in Simmons’ car, were arrested. Police found a.25-caliber pistol, later shown to be that used to kill Simmons and Moore, the petitioner’s pocket. He admitted shooting then robbing Simmons and Moore.
The petitioner was convicted of murder and the jury sentenced him to death. He appealed, arguing that the sentence violates the Eighth and Fourteenth Amendments.
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