(DOWNLOAD) "Fogg v. Commonwealth" by Virginia Supreme Court ~ Book PDF Kindle ePub Free

June 29, 2021

eBook details

Title: Fogg v. Commonwealth
Author : Virginia Supreme Court
Release Date : January 04, 1968
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Through court-appointed counsel the defendant has appealed, claiming that (1) the finding of the trial court is contrary to the law and the evidence and insufficient to sustain a conviction, because "the identification of the defendant was not clear, positive and convincing" and "was based upon an improper and unlawful method of identification;" (2) the court erred in sentencing the defendant to death, because "the courts of the Commonwealth of Virginia have manifested a fixed and continuous policy of unjust, arbitrary, and discriminatory administration of the laws under which the death sentence for the crime of rape" is applied only to persons of the Negro race, in violation of the Fifth and Fourteenth Amendments to the Constitution of the United States; and (3) the imposition of the death penalty for rape constitutes a cruel and unusual punishment, in contravention of the Constitution of Virginia and the Constitution of the United States.

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