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SMITH v. STATE

No. 8901.

560 P.2d 158 (1977)

Edward Leroy SMITH, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

Rehearing Denied March 21, 1977.

Attorney(s) appearing for the Case

Richard W. Young, Reno, for appellant.

Robert List, Atty. Gen., Carson City, Larry R. Hicks, Dist. Atty. and John L. Conner, Deputy Dist. Atty., Reno, for respondent.

OPINION

ZENOFF, Justice:

Smith shot his ex-wife and her husband at close range with a hunting rifle. No question is raised on appeal as to his guilt. The central issue concerns the constitutionality of NRS 200.030(1)(e) as it relates to the mandatory death penalty of NRS 200.030(5). The offense of "killing more than one person as the result of a single plan, scheme or design" comes within NRS 200.030(5) which prescribes death as the penalty.

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