SHERIFF, WASHOE COUNTY v. SMITH

No. 7908.

542 P.2d 440 (1975)

SHERIFF, WASHOE COUNTY, Nevada, Appellant, v. Edward Leroy SMITH, Respondent.

Supreme Court of Nevada.

November 14, 1975.


Attorney(s) appearing for the Case

Robert List, Atty. Gen., Carson City, Larry R. Hicks, Dist. Atty., and Kathleen M. Wall, Asst. Chief Deputy Dist. Atty., Washoe County, Reno, for appellant.

H. Dale Murphy, Public Defender and Michael R. Specchio, Deputy Public Defender, Washoe County, Reno, for respondent.


OPINION

MOWBRAY, Justice:

Edward Leroy Smith is charged in a three-count indictment with two counts of first-degree murder in violation of NRS 200.030, subsection 2(a),1 and with one count of capital murder in violation of NRS 200.030, subsection 1(e).2 In a pretrial habeas proceeding, Smith challenged the constitutionality of the capital murder statute, seeking to have it declared void for vagueness...

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