UNITED STATES SUPREME COURT DECISIONS ON-LINE

The Federal Kidnapping Act authorizes a sentence of death when recommended by the jury, "provided that the death sentence shall not be imposed by the court if, prior to its imposition, the kidnapped person has been liberated unharmed."

Held:

1. The fact that the injuries inflicted on the kidnapped person were not permanent, or were healed before imposition of sentence, did not bar the death penalty. P. 324 U. S. 285.

2. In the case of a defendant who twice violently struck his victim on the head with an iron bar, inflicting injuries from which she was still suffering when liberated, and upon whom the death sentence was imposed, the proviso was not invalid for uncertainty in the meaning of the words "unharmed" and "liberated unharmed." P. 324 U. S. 286.

144 F.2d 392 affirmed.

Certiorari, 323 U.S. 808, to review the affirmance of a conviction and sentence of death for violation of the Federal Kidnapping Act.