European Stars and Stripes (Newspaper) - May 16, 1977, Darmstadt, Hesse                                Monday May 16, 1977 the stars and stripes Page 7 Del. Brings Back death penalty Wilmington Del. A -.gov. Pierres. Dupont signed into Law saturday a Bill reinstating Delaware s death penalty. In a statement issued to coincide wit the signing. Dupont said the Law was not perfect and urged the general Assembly to approve several corrective amendments lie added however there is an appropriate place or the death Penally in Dela Ware s criminal Justice  was the deadline for Dupont to sign or veto the measure which passe the general Assembly last month. Dupont a first term Republican had said before his election he would sign a death penalty Bill if it were  Bill written by atty. Gen. Richard r. Wier jr., Calls for a two stage trial for persons charged with a capital crime. One phase is to determine guilt the other to decide whether the person convicted should be sentenced to death or life imprisonment. Among the 19 specific circumstances under which the death penalty could be imposed Are the killing of a Law enforcement officer and the killing of a person during an armed robbery. The measure restores hanging As a form of execution. Delaware s previous death penalty la was found unconstitutional in 1976 by the Delaware supreme court after the . Supreme court threw out similar Laws in other  High court has upheld death penalty Laws in Florida. Texas and Georgia. No one is presently on Delaware s death Row. James Cagney s condition Good after mild stroke Hollywood up actor James Cagney 77. Was reported in Good Condi Tion saturday at Good Samaritan Hospi Tal where he has been under treatment forbore than a week after suffering what was described As the Mildest kind of . Expected to be released from the Hospital in the next few Days entered the facility after complaining of dizziness from an inner car problem caused by transient is Chemis  said the ailment is caused by a Small muscular convulsion which pinches off an  they Call it  said Cag Ney s wife Frances and i m told it s the Mildest kind of  was undergoing tests at the Hospital and was not allowed to receive visitors or Telephone Calls a Hospital spokesman said. Of Sempf May be crime Carter s health drug aide mild pot penalty urged Washington a president car Ter s health and drug adviser says penal ties for possessing Small amounts of marijuana should be no stronger than those for minor traffic offences. Or. Peter Bourne said saturday he smoked marijuana 10 years ago in Viet Nam. It was Legal there and was tried by Many people in the military he said. Bourne then an army Captain headed research program studying combat stress Bourne a British bom psychiatrist who is Carter s nominee to head the office of drug abuse policy said in a Telephone interview that stiff Federal penalties can do More damage to the individual than the drug  Carter administration has proposed that Possession of an ounce or less of Mari Juana be punishable Only by a Fine that would not appear on a person s criminal  maximum Federal penalty now for simple Possession is one year in prison Anda $5.000 Fine. Alaska Mississippi califor Nia Colorado Maine Minnesota . South Dakota and Texas have de criminalized or reduced penalties for pos session of an ounce or less. Rut Bourne said the administration does not condone marijuana use. I think it important to take a Strong position toward discouraging marijuana  he  has said the administration while discouraging marijuana use believes criminal penalties that Brand otherwise Law abiding people for life Are neither an effective nor an appropriate de  million americans Are regular marijuana users he said. Bourne s nomination to the drug office Post is due for a vote monday by the Senate human resources committee. He first mentioned his onetime use of Mari Juana to a House committee in March and repeated the comment at his Senate confirmation hearing  told senators that strict penalties against trafficking and for Possession of other drugs should be  said the government is reexamining its position on cocaine but not Withan Eye toward decriminalizing Possession. That reexamination. He said involves a look at How much the .spcnds on intercepting the drug along the country s Bor Ders and in other countries How the drug affects users health and the International cocaine traffic. How do i get out of Here now that he has announced his retire ment after 24 years As the City manager of Napa calif., Lee Roberts May have to spend his last two weeks in office looking for the exit. As you can guess Roberts has t much use for multiply ing reports inter office menu i and other kinds of official papers that Hood his in Basket. But the out Basket that is another matter occupying the Only Bare space on his desk significantly h s is empty. The wine country Community has grown from a town of 12,000 Resi dents to a City of nearly 50.000 since Roberts came aboard. I l can t murder Corpse court rules new York not the new York state court of appeals the state s highest tribunal has ruled that a person cannot murder a dead Man. But thai it still May be a crime to try to do so. Whatever else it May be. It is not murder to shoot a dead  judge mat thew j Jasen wrote in a unanimous Deci Sion. Man Dies but  the Case stemming from a dispute Overa Ovit arose in Brooklyn in 1973 and brought about the indictment of two Mentor the killing of 25-Ycar-old Michael Geller. One defendant. Joseph Buh shot the victim several times in the heart and lungs for refusing to pay a loan Bush late pleaded guilty to manslaughter. The other defendant. Mcl Viri Dlugash. Had been indicted when the grand jury had been advised that several minutes after Bush fired the initial shots. Dlugash fired a few More bullets into the victim s Hea Dlugash went to trial in state supreme court and was convicted of the murder of Geller. However the conviction was thrown jul by the appellate division on the ground that the victim was already dead Jasen s opinion although agreeing thata murder charge could not be sustained said the charge of attempted murder Anoff Ense that is not used As frequently was  High court has returned the Case to the appellate division which it is expected will order that Dlugash be retried on an attempted murder charge. Law experts said such a Legal move would not be considered double  defendant maintained that he thought Geller was already dead when he shot him. And fired the shots Only for ear of Bush. Jasen. However wrote that Dlugash s explanation was questionable. From the number and location of the wounds he said the jury could conclude that the defendant s purpose and intention was to administer the coup de  . Drinker grocery both get smashed san Francisco up ii Chris hill.29, emerged from a bar Early saturday with a highball in his hand and decided to drive Home in a live Ion Bulldozer parked at a demolition site instead of in his Van. Police said Hill somehow started the Bulldozer with his Chevy key and. Glass still in hand drove it Oli. The Bulldozer took a wrong turn and slowed into the window of a  was arrested on charges of Mali Cious mischief and operating a stolen vehicle when he returned to the demolition site to get another build ukr. Police said