State v. Jackson

The appellant presents the court with four propositions of law.

Propositions three and four deal solely with the death penalty being cruel and unusual punishment under the federal and state constitutions. Based upon the holdings in Furman v. Georgia (1972), 408 U. S. 238, 33 L. Ed. 2d 346, and State v. Leigh (1972), 31 Ohio St. 2d 97, that the carrying out of a death penalty imposed at the discretion of the trier of the facts constitutes “cruel and unusual punishment” in violation of the Eighth and Fourteenth Amendments to the United States Constitution, this court, on motion of appellant on…