The Palm Beach Post from West Palm Beach, Florida on December 10, 1976 · Page 54
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December 10, 1976

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The Palm Beach Post from West Palm Beach, Florida · Page 54

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West Palm Beach, Florida
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Friday, December 10, 1976
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Page 54
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D4-Palm Beach Post, Friday, December 10, 1976 Rurcfines One Death Sentence Upheld, Another Reduced by Court CASIO'S BIOLATOR CALCULATOR...complete with an intriguing book on Biorhythms. According to some scientists you have emotional, intellectual and physical biorhythms that affect your moods. Find your highs and lows. Also, 4-function calculator. With bonus book 29.95 c 111 MMIlWWIHIsMIWMWsWiIWBeTrTT Gordon A. Duncan Jr., who called it "some of the most senseless, heinous and horrible murders that have ever taken place in Jacksonville." Justice Arthur England concurred, but cautioned prosecutors to use restraint in showing juries photographs calculated to arouse passion and emotion. While not grounds for reversal, England said, he doubts the need for showing the jury a blown-up gruesome shot of one victim's face, showing the "helpless horror she must have felt while attempting to defend herself from brutal assault." "We must all strive," he said, "for a system in which juries convict alleged criminals solely on the basis of proof, without resort to the horror of particular crimes." ee Jj TALLAHASSEE (UPI) - Saying the question of whether a person should live or be put to death by the state must not be decided by legal technicalities, the Supreme Court yesterday reduced the sentence of convicted Jacksonville police killer Rudolph Valentine Lee to life. In a separate case, the5 court upheld the death sentence of David L. Funchess for the Dec. 16, 1974, fatal stabbings of two employes of a Jacksonville liquor store. Lee was convicted of gunning down Jacksonville sheriff's deputy Edward James Parker Feb. 6, 1972, as Parker approached a car in which Lee allegedly was raping one of two women he had forced into his car at gunpoint. It was the second time Lee, 22, escaped the chair for this crime. The trial court reduced his sentence from death to life in prison in July 1972, on the argument of his attorney that a June 1972 U.S. Supreme Court decision that invalidated capital punishment as then administered. The state appealed the reduction. While the appeal was pending, the death sentence of every death row inmate automatically was reduced to life due to the invalidation. Since Lee's sentence had been cut under a separate proceeding months before, and he already was under a life term, the automatic reduction did not affect him. While his appeal was pending, the legislature passed a new capital punishment law, it was upheld by the state Supreme Court, and the district court reinstated Lee's death sentence. In its 5-2 decision again cutting the penalty to life, the Supreme Court said Lee would have gotten an automatic reduction had not his able attorney asked the trial judge to reduce it in a separate action. "We do not think the question of whether a person should live or be put to death by the state should be determined by the legal procedures of when his request for reduction of sentence was made.. "It is our judgment," the court said, "that the constitutional mandate of equal protection requires reduction of (Lee's) sentence from death to life." Justices James Ad-kins Jr. and retired Justice B.K. Roberts dissented. In the Livinston case, the decision was unanimous. The victims were Anna Waldrop and Clayton Ragan. A third stab victim has been in a coma, hardly more than a vegetable, since the incident, according to Circuit Judge Ho Chinese Restaurant Method of Taxation AY- . Wv SELECT THE PERFECT PAIR OF CHAIRS. WE'LL DELIVER FOR CHRISTMAS. AND YOU SAVE 51 .00 TO 81 .00 WHEN YOU BUY TWO Home is where you have a pair of chairs that you're absolutely in love with. And Burdines is where we have many. For immediate delivery. A. WING CHAIR, Chippendale inspired. Lemonlime cover. Attractive head decor. Reg. 222.00 each 2379.00 B. SWIVEL ROCKER in beautiful corduroy cover. Beige or rust. Reg. 240.00 each 2399.00 Not shown: SWIVEL ROCKER in eggshell, or cinnamon cotton velvet. Reg. 240.00 each 2399.00 WHITE LACQUER with bamboo styling. Cane back, beautiful lemonlime reversible cushion. Reg. 170.00 each 2289.00 Tallahassee (ap) - a booklet, described by one of its creators as an instant best seller, rolled off the presses yesterday and immediately had lawmakers reading it avidly. The title: "The Joy of Taxes." The booklet, prepared under the direction of Senate Finance and Taxation Chairman Jack Gordon, lists seven different proposals to raise the $750 million necessary to completely eliminate the property tax as a base for school funding. Gordon, noted for his sense of humor, said he had his staff prepare the package "like a menu in a Chinese restaurant so the committee will be able to choose one tax from column A and one from coliunn B." Gordon said the various taxing increases in each package could be Firm Granted Record Loan From SBA TARPON SPRINGS (UPI) - A 6-month-old manufacturer of plastics in Tarpon Springs has been granted a $500,000 loan by the Southeast National Bank of Dunedin, the largest loan guaranteed in the state by the federal Small Business Administration (SBA). The bank announced approval of the loan yesterday. It was made possible through an increase last summer in SBA loan guarantee limits from $350,000 to $500,000. The SBA guarantees repayment of 90 per cent of the loan. It went to Southeast Plastic Machinery & Supply Inc. of Tarpon Springs, a maker of injection molded hard plastic advertising specialties and novelties. The firm began operations last June. It employs 30 persons and projects first-year sales of more than $1 million. With the loan, said L. Joe Cotton, executive vice president, the firm plans to increase its payroll to 40 persons Jan. 1 and to between 75 and 100 persons by the end of next year. mixed in whatever way the legislature wants to come up with necessary increased funding. With Gov. Reubin Askew renewing his call for an increased gasoline tax, more and more lawmakers are predicting some tax hikes are inevitable next year. Gordon, of Miami Beach, said he wanted to lay out all the alternatives for his committee. "In a couple of months, when we find out the dollar amounts actually needed to fund programs adequately, then the committee can put a package together," Gordon said. He said the booklet would not mean increased taxes in all areas, but might show where taxes needed to be lowered in some areas and raised in others to make Florida's taxing structure more equitable. Gordon said the initial proposal indicated that Senate President Lew Brantley's suggestion to eliminate property tax financing of education was probably doomed because of the political ramifications of raising the amount of dollars to replace the $750 million. However, he said that some kind of property tax relief remained a high priority. The booklet showed that increasing the sales tax 1 cent would bring in an additional $345 million, while removing the exemption on food purchases would bring in $189 million. If the sales tax was left at 4 cents, the booklet listed a large number of funding increases from removing other exemptions including $103 million on gasoline, $90 million on professional services such as attorney's fees and $34 million if medicine is taxed. Gordon had raised the possibility of the Appropriations Committee coming out with a budget that will meet the state's needs even if it was not balanced, thus forcing the issue of increased taxes. However, Brantley scotched the idea yesterday in a breakfast meeting with all committee chairmen. He said that he wanted the committee to balance the budget, SAVE 50.00 TO 100.00 ON EVERY COMFORTABLE RECLINER ON OUR FURNITURE FLOOR THE PLACE TO BUY FROM BARCALOUNGER FROM LA-Z-BOY FROM HARDWICKHALL Someone you know is yearning for a recliner for Christmas. (Maybe it's you.) And now's the time to select one from a very famous maker. And save, save. C. SWIVEL ROCKER from Barca-lounger. Covered in glove-soft tan vinyl. Reg. 289.95 239.00 D. HARDWICK HALL three position chair in Herculon olefin earth tone tweed. Reg. 239.95 159.00 MICROWAVE OVENS Jl U MMM mm m m mm microwaveoven We have q large lection of lop nam brandi. 5 Reasons t Why . . . 91 We have a demonstrator to answer all your quos-tiont before and after you buy. We have microwave We service the microwave ovens we sell. A SO year old reputation. Modal " ' 1013 LUCERNE LAKE WORTH (2 Blki. 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