# State v. Jones

> Supreme Court of Louisiana · December 20, 1972 · 263 La. 1012

URL: https://www.frixlaw.com/law-library/cases/9670741

## Case

- **Full name:** STATE of Louisiana v. Donald JONES and Ronald Jones
- **Court:** Supreme Court of Louisiana
- **Decided:** December 20, 1972
- **Citations:** 263 La. 1012; 270 So. 2d 489; 1972 La. LEXIS 5878
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Hamlin, Tate, Bills, Barham
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9670741

## Opinion text

*1058 ON REHEARING
PER CURIAM
The defendants were convicted of aggravated rape, La.R.S. 14:42. Defendant Donald Jones was found guilty without capital punishment and was sentenced to life imprisonment at the Louisiana State Penitentiary. However, defendant Ronald Jones was found guilty without any recommendation of mercy by the jury. Accordingly, he was given the death sentence.
■ We affirmed the convictions (see the original opinion) but granted a rehearing with respect to appellant Ronald Jones to determine the validity of the death sentence imposed. •
After this appeal was taken, the United States Supreme Court decided Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972), which holds that the imposition of the death penalty under statutes similar to Louisiana’s constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Accordingly, -we' remand this case to the 24th Judicial District Court with instructions to the judge to sentence the defendant, Ronald Jones, to life imprisonment. State v. Franklin, 263 La. 344 , 268 So.2d 249 .
Case remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9670741. Public record. Not legal advice.