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STATE v. SMITH

324 A.2d 203 (1974)

STATE of Delaware, Plaintiff, v. Hal SMITH, Jr., et al., Defendants.

Supreme Court of Delaware.

August 2, 1974.

Attorney(s) appearing for the Case

Richard R. Wier, Jr., State Pros., and Jeffrey M. Weiner, Deputy Atty. Gen., Wilmington, for plaintiff.

Arlen B. Mekler and Richard A. Paul, Asst. Public Defenders; Henry A. Wise, of Wise, Lindh, Mekler & Evans, Wilmington; Anthony G. Amsterdam, Stanford, Cal., and Peggy C. Davis, Jack Greenberg, Jack H. Himmelstein, David Evan Kendall and James M. Nabrit, III, New York City, for defendants.

Before HERRMANN, C. J., DUFFY, J., and BROWN, Vice Chancellor.

DUFFY, Justice:

Five criminal cases, all pending in the Superior Court, were consolidated into a single appeal in which the following questions were certified and accepted for decision by this Court:

1. In light of the enactment of 11 Del. C. § 4209(2) after the Supreme Court's decision in State v. Dickerson, does the mandatory death penalty nevertheless apply to persons adjudged guilty of committing murder...

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