State v. Furr

Justice Lake

dissenting in part.

I dissent from that portion of the decision which holds that the defendant’s conviction of murder is reversed and a nonsuit in that case must be granted. In my opinion, the evidence is sufficient to permit reasonable men to find that the defendant, either in person or through a killer procured by him for that purpose, murdered his wife. Consequently, the evidence was sufficient, in my opinion, to carry this case to the jury and to support its verdict of guilty of murder in the first degree. If that be true, the sentence to death must be vacated and a new judgment entered sentencing the defendant to life imprisonment by virtue of the decision of the Supreme *727Court of the United States in Woodson v. North Carolina, 428 U.S. 280 (1976).

I concur in so much of the decision and majority opinion as relates to the several charges of solicitation to commit the felony of murder.

Chief Justice Sharp and Justice Huskins join in this dissenting opinion.