Majority
p. 897No. 78-6621. Beck v. Alabama.
Sup. Ct. Ala. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to the question presented by the Court: May a sentence of death constitutionally be imposed after a jury verdict of guilt of a capital offense, when the jury was not permitted to consider a verdict of guilt of a lesser included non-capital offense, and when the evidence would have supported such a verdict?