Petitioner was found guilty of first-de-gree murder and sentenced to death under
* The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of
amended Louisiana statutes enacted after this Court's decision in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346. The Louisiana Supreme Court affirmed, re-jecting petitioner's contention that the new procedure for imposing the death penalty is unconstitutional. The post-Furman legisla-tion mandates imposition of the death pen-alty whenever, with respect to five catego-ries of homicide (here killing during the perpetration of an armed robbery), the jury finds the defendant had a specific intent to kill or to inflict great bodily harm. If a verdict of guilty of first-degree murder is returned, death is mandated regardless of any mercy recommendation. Every jury is instructed on the crimes of second-degree murder and manslaughter and permitted to consider those verdicts even if no evidence supports the lesser verdicts; and if a lesser verdict is returned it is treated as an ac-quittal of all greater charges. Held: The judgment is reversed insofar as it upheld the death sentence, and the case is remand-ed. Pp. 3005-3008, 3008, 3008.
Petitioner was found guilty of first-de-gree murder and sentenced to death under* The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience ofamended Louisiana statutes enacted after this Court's decision in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346. The Louisiana Supreme Court affirmed, re-jecting petitioner's contention that the new procedure for imposing the death penalty is unconstitutional. The post-Furman legisla-tion mandates imposition of the death pen-alty whenever, with respect to five catego-ries of homicide (here killing during the perpetration of an armed robbery), the jury finds the defendant had a specific intent to kill or to inflict great bodily harm. If a verdict of guilty of first-degree murder is returned, death is mandated regardless of any mercy recommendation. Every jury is instructed on the crimes of second-degree murder and manslaughter and permitted to consider those verdicts even if no evidence supports the lesser verdicts; and if a lesser verdict is returned it is treated as an ac-quittal of all greater charges. Held: The judgment is reversed insofar as it upheld the death sentence, and the case is remand-ed. Pp. 3005-3008, 3008, 3008.
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