Charles Milton, Applicant v. O.L. McCotter Director, Texas Department of Corrections No. A-964

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 337, 231, 96 S. Ct. 2909, 2950, 2973, 49 L. Ed. 2d 859 (1976), we would grant the application for stay, a petition for writ of certiorari and vacate the death sentence in this case.