Beck v. Alabama

We granted certiorari to decide the following question:

“May a sentence of death constitutionally be imposed after a jury verdict of guilt of a capital offense, when the jury was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict?” 444 U. S. 897.

We now hold that the death penalty may not be imposed under these circumstances.

Petitioner was tried for the capital offense of “[rjobbery or attempts thereof when the victim is intentionally killed by the defendant.” 1 Under the Alabama death penalty statute *628t…