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STATE v. BROADNAX

No. 72-164.

31 Ohio St. 2d 197 (1972)

THE STATE OF OHIO, APPELLEE, v. BROADNAX, APPELLANT.

Supreme Court of Ohio.

Decided September 27, 1972.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Ronald A. Panioto, for appellee.

Mr. Harvey B. Woods and Mr. Jack C. Rubenstein, for appellant.

Per Curiam.

Appellant sets forth three propositions of law.

In propositions one and three, appellant complains that persons were erroneously excluded from the jury merely because they had general opposition to the death penalty, and that the death penalty is unconstitutional as cruel and unusual punishment. Because of the holdings in Furman v. Georgia (1972), U. S., 33 L. Ed. 2d 346, and State v. Leigh (1972),

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