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Courtv. .-'V :Man’s PleaWASHINGTON (API - The Supreme Court today refused to hear arguments from a condemned Texas convict that states are barred by the Constitution from imposing the death penalty against non-killers.With three justices dissenting, ihe court voted not to hear the appeal of Ernest Benjamin Smith Jr., convicted and sentenced to die in the electric chair for his port in an armed robbery in which a convenience store clerk was shot and killed.Smith was not the trigger man. and argued in seeking Supreme Court review of his sentencing that the death penalty for non-killers is cruel and unusual punishment.Texas is one of several states In which persons convicted of committing a crime in which someone dies can be convicted for murder and sentenced to death.Smith. 29. was convicted for taking part In a Sept. 28. 1973. armed robbery of a Dallas convenience store. Trial testimony showed that Smith, allhough he was camying a plslol during the robbery, did not kill store clerk William Moon. The actual killing was committed by Smith’s companion. Howie Hoblnson, Smith’s appeal stated.Smith, a black man. also argued that prospective Jurors at hts trial were improperly excluded for expressing scruples against the death penalty in general and “on the admllted ground of race.’’The Supreme Court upheld Ihe death penalty laws In Texas, Florida and Georgia last July, but onty as those laws apply to the sentencing of convicted murderers.The court next week will hear arguments on whether the death penally.is constitutional for persons convicted of rape.in a barrage of other decision! and rulings today, the Supreme Court:Kuted unanimously that states have the power to tax Interstate companies for the privilege of doing business within their borders; ^Struck down a decision by Oklahoma courts barring three Oklahoma City newspapers from publishing the nameand picture of an U-yeaeold boy charged In a shooting death; *Agreed to decide whether states eap refuse to permit large trucks on Inrtf* state highways within thdf borders; v Upheld Kentucky’s Supreme Court decision that landowners who sell IhetrihV end rights of their land still can prohibit strip mining of coal on the property*In the Important decision on slate tax-Sec SUPRKMF, COURT Page 14Dry, Mild Weather%ForecastA*J News Services Spring is still 13 days away, but Lubbock area residents are having a pleasant preview, with more of the same expected Tuesday.Today’s sunny skies and moderate tempera! ures are due lo reappear Tuesday, with this afternoon’s expected high in the low 70s rising lo Ihe mid-TGs Tuesday,The temperature will he back around freezing tonight, however, according to the National Weather Service. This morning’s low was 25 degrees.Winds In the 15 to 20 miles per hour range arc expected both today and Tuesday.Across the South Plains, dry and warm conditions are forecast through Friday. A slight cooling trend is expected by ww^i end. *For the second morning in * tow, Paso set a record for low temperature* today, but there was nothing eta to the Texas weather picture to dull the spirit 1 As ihe sun came up In the state, therg was hardly a doud to be found nary « whisper %f wind tn stlr up the dust and except for$1 Paso and Lubbock, temper* alum were ndt too nippy, . J A few douds that were ewer Grande Valley floated away See WKATHER Page II
Newspaper Details
Lubbock Avalanche Journal
Lubbock, Texas, US
Mon, Mar 07, 1977
Page 73
Full Page
Clipped by
Jared T.
NA, NA 31 Aug 2023
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