James Larry Upton

Case details

James Larry Upton was executed by electrocution in New Mexico on February 24, 1956.

Background

James Larry Upton was convicted of murdering a man who had given him a ride hitchhiking.

Upton had been convicted in the September 10, 1954 murder of Airman Donald Dilley. Dilley picked up the hitchhiking Upton in Texas. Dilley subsequently shot him outside of Albuquerque in a robbery attempt. Dilley stated that he had seen Dilley’s large money roll, and that he was "annoyed" by Dilley’s tough guy demeanor and tales of air force jets.

Trial and legal process

Several spectators at Upton’s electrocution were drunk and rowdy. One hundred observers, some intoxicated, attended the spectacle made of Upton’s death.

Having been seated in the electric chair, Upton was asked if he had anything to say. He inquired if his face would be covered by a mask. The warden responded affirmatively, and Upton replied that he had nothing to say.

The regular execution cap would not fit, so an improvised cap made from a parka was used. Smoke billowed from fur remaining on the cap that was ignited from the ensuing voltage. James Upton was declared dead at 12:09 AM, on February 12, 1956.

Upton’s execution was the last death sentence implemented in New Mexico by the electric chair; the gas chamber was subsequently used in the next execution.

Appeals and mental health proceedings

Upton had a number of attempts to save his life, including a sanity hearing before the New Mexico Supreme Court 15 hours before the scheduled execution, and a telegram sent by Upton's mother to the Court of Appeals in Denver approximately 12 hours prior to the scheduled execution.

At the sanity hearing, testimony by Upton’s psychiatrist Rudolph Kieve was submitted. Kieve stated that, in his opinion, Upton was insane, with the affliction being caused by an alleged attack of encephalitis lethargica while Upton was young.

The prosecution noted that Kieve’s testimony was markedly different from that rendered just 3 days prior in federal court, wherein he had not opined that Upton was insane. Kieve was also reported in the media as having staunch anti-capital punishment views.

The State Supreme Court found Upton sane, and the Federal Court of Appeals declined to intervene.

Other details

Upton was baptized a Catholic the afternoon prior to his execution.