Opinion
42795 Record No. 8045.
November 27, 1972
Present, Snead, C.J., Carrico, Harrison, Cochran, Harman and Poff, JJ.
Criminal Procedure — Death Sentence — Retrial on Punishment.
Death sentence nullified, judgment as to guilt affirmed, case remanded for new trial on issue of punishment.
Error to a judgment of the Circuit Court of Nansemond County. Hon. George F. Whitley, Jr., judge presiding.
Affirmed in part, reversed in part, and remanded.
Philip J. Hirschkop; (Richard E. Crouch [D.C.], on brief), for plaintiff in error.
Robert E. Shepherd, Jr., Assistant Attorney General (Andrew P. Miller, Attorney General, on brief), for defendant in error.
Case submitted on briefs.
The defendant, Cecil Wood, Jr., was convicted by the trial court, sitting without a jury, of rape. He was sentenced to death. His petition for writ of error, which we granted, presented the sole question of the constitutionality of the death sentence.
Furman v. Georgia, 408 U.S. 238 (1972), decided after we awarded the writ in this case, requires nullification of the defendant's death sentence, and so the sentence is vacated. However, the judgment of the trial court with respect to the guilt of the defendant is affirmed. The case will, therefore, be remanded to the trial court for a new trial upon the issue of punishment alone. Hodges v. Commonwealth, 213 Va. 316, 191 S.E.2d 794 (1972). The new trial shall be conducted in accordance with the guidelines approved in Snider v. Cox, 212 Va. 13, 181 S.E.2d 617 (1971), and explicated in Huggins v. Commonwealth, 213 Va. 327, 191 S.E.2d 734 (1972).
Affirmed in part, reversed in part, and remanded.