Supreme Court of Arkansas, 1973

Kuehn v. State

Kuehn v. State
Supreme Court of Arkansas · Decided January 29, 1973 · Holt
253 Ark. 889; 489 S.W.2d 505; 1973 Ark. LEXIS 1679

Kuehn v. State

Opinion of the Court

Frank Holt, Justice.

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 (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.

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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