Stouffer v. State

OPINION ON REHEARING

BUSSEY, Judge:

Petitioner, Bigler Jobe Stouffer, II, was convicted of Murder and Shooting with Intent to Kill. He received the death penalty and life imprisonment, respectively. On direct appeal his judgment and sentences were affirmed, and he petitions this Court for rehearing.

I

Petitioner urged on direct appeal and on rehearing that the statutory aggravating circumstance that the murder was especially heinous, atrocious or cruel is being applied in an overbroad and unconstitutional manner, and that the jury’s finding of it in his case violated his Eighth and Fourteenth…