STATE v. ANTHONY

No. 78-30-C.A.

398 A.2d 1157 (1979)

STATE v. William H. ANTHONY.

Supreme Court of Rhode Island.

March 16, 1979.


Attorney(s) appearing for the Case

Dennis J. Roberts II, Atty. Gen., Nancy Marks Rahmes, John S. Foley, Sp. Asst. Attys. Gen., for plaintiff.

William F. Reilly, Public Defender, Barbara Hurst, Chief Appellate Atty., Providence, John A. MacFadyen III, Asst. Public Defender, for defendant.


ORDER

This is an appeal in which a number of questions were certified to us pursuant to the provisions of G.L. 1956 (1969 Reenactment) § 12-22-10. On February 19, 1979, we answered one of the questions by ruling that the mandatory death provisions of § 11-23-2 violate the eighth amendment's prohibition against "cruel and unusual punishments." Thereafter, we denied the defendant's motion that this case be immediately remanded to the Superior Court.

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