Hudson v. Commonwealth

LUKOWSKY, Justice.

On February 10, 1975 two armed men robbed Forton, a driver for Brinks Armored Car Service. During the robbery Forton was shot in the back of the head. He died as a result of his wound. Hudson was indicted for this crime in May, 1975 and arraigned in January, 1976. He was not tried until May, 1978, primarily because he escaped twice in the interim.

In March, 1977, this court was required by decisions of the Supreme Court of the United States to hold that the mandatory death penalty authorized by our 1974 murder statute could not be constitutionally imposed. The General…