BREAKING: An Alabama man has become the first person in the U.S. to be executed by nitrogen gas

Kenneth Smith, 58, who was sentenced to death for his role in the 1988 murder of Elizabeth Sennett, was originally set to be executed in November 2022 with a lethal injection, but officials were unable to locate a vein and were forced to call it off.

Smith made a last-ditch appeal to the U.S. Supreme Court, asking for a stay of the execution, which was set for 7 p.m. ET, with the death warrant extended to 6 a.m. ET Friday if there was a delay.

He and his attorneys had argued that execution by nitrogen gas would constitute cruel and unusual punishment under the 8th Amendment.

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