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Jimmy Keith Self v. Commonwealth of Kentucky

March 11, 1977

JIMMY KEITH SELF, APPELLANT,
v.
COMMONWEALTH OF KENTUCKY, APPELLEE.



Stephenson

STEPHENSON, Justice.

Jimmy Keith Self was convicted of the capital offense of murder during the course of robbery in the first degree. KRS 507.020(2)(b). The jury in accordance with the statute fixed his punishment at death.

In addition, Self was tried and convicted on four counts of first-degree robbery, KRS 515.020(1)(b), and given 20 years' imprisonment; first degree assault, KRS 508.010(1)(b), and given 20 years' imprisonment; and criminal attempt, KRS 506.010, and given 20 years' imprisonment. Self was not sentenced on these convictions.

Self asserts the unconstitutionality of the 1974 statute providing for a mandatory death penalty.

This assertion has been answered and disposed of in Boyd v. Commonwealth, Ky., 550 S.W.2d 507, decided this day.

We have determined the 1974 mandatory death penalty statute to be unconstitutional in Boyd by virtue of the decisions of the Supreme Court of the United States cited therein. We hold that the punishment to be imposed on Self for the conviction of murder is the maximum constitutionally permissible under the 1974 Penal Code, life imprisonment. This disposition answers ...


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