Snider v. Cox

In July 1956 a jury found Frank Jimmy Snider, Jr. guilty of statutory rape and fixed his punishment at death, and he was sentenced accordingly. In this habeas corpus proceeding, the trial court held that under Witherspoon v. Illinois, 391 U.S. 510 (1968), veniremen opposed to a death sentence were improperly excluded as jurors at Snider’s trial. By an order entered December 5, 1969, the trial court directed that Snider be retried on the issue of punishment alone, or be released from custody. Snider appeals, contending that he should be retried on the issue of guilt as well as punishment.

Wither…