Wood v. Commonwealth

Supreme Court of Virginia

Wood v. Commonwealth

192 S.E.2d 808, 213 Va. 346, 1972 Va. LEXIS 362

CourtSupreme Court of Virginia

DecidedNovember 27, 1972

DocketRecord 8045

StatusPublished

Cited by2 cases

This text of 192 S.E.2d 808 (Wood v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wood v. Commonwealth, 192 S.E.2d 808, 213 Va. 346, 1972 Va. LEXIS 362 (Va. 1972).

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Opinion

Per Curiam.

The defendant, Cecil Wood, Jr., was convicted by the trial court, sitting without a jury, of rape. He was sentenced to death. His petition for writ of error, which we granted, presented the sole question of the constitutionality of the death sentence.

Furman v. Georgia, 408 U.S. 238 (1972), decided after we awarded the writ in this case, requires nullification of the defendant’s death sentence, and so the sentence is vacated. However, the judgment of the trial court with respect to the guilt of the defendant is affirmed. The case will, therefore, be remanded to the trial court for a new trial upon the issue of punishment alone. Hodges v. Commonwealth, 213 Va. 316, 191 S.E.2d 794 (1972). The new trial shall be con *347 ducted in accordance with the guidelines approved in Snider v. Cox, 212 Va. 13, 181 S.E.2d 617 (1971), and explicated in Huggins v. Commonwealth, 213 Va. 327, 191 S.E.2d 734 (1972).

Affirmed in part, reversed in part, and remanded.

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Per Curiam.

The defendant, Cecil Wood, Jr., was convicted by the trial court, sitting without a jury, of rape. He was sentenced to death. His petition for writ of error, which we granted, presented the sole question of the constitutionality of the death sentence.

Furman v. Georgia, 408 U.S. 238 (1972), decided after we awarded the writ in this case, requires nullification of the defendant’s death sentence, and so the sentence is vacated. However, the judgment of the trial court with respect to the guilt of the defendant is affirmed. The case will, therefore, be remanded to the trial court for a new trial upon the issue of punishment alone. Hodges v. Commonwealth, 213 Va. 316, 191 S.E.2d 794 (1972). The new trial shall be con *347 ducted in accordance with the guidelines approved in Snider v. Cox, 212 Va. 13, 181 S.E.2d 617 (1971), and explicated in Huggins v. Commonwealth, 213 Va. 327, 191 S.E.2d 734 (1972).

Affirmed in part, reversed in part, and remanded.

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Bluebook (online)

192 S.E.2d 808, 213 Va. 346, 1972 Va. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-commonwealth-va-1972.

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