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STATE v. SMITH

No. 77-193-C.A.

401 A.2d 41 (1979)

STATE v. Robert D. SMITH.

Supreme Court of Rhode Island.

May 1, 1979.

Attorney(s) appearing for the Case

Dennis J. Roberts II, Atty. Gen., Nancy Marks Rahmes, Sp. Asst. Atty. Gen., for plaintiff.

Hanson, Curran & Parks, Dennis J. McCarten, Providence, for defendant.

OPINION

JOSLIN, Justice.

The defendant, Robert D. Smith, was tried before a jury in the Superior Court, convicted of first degree murder, and sentenced to life imprisonment. The case is here on his appeal.

Our decision in State v. McGehearty, R.I., 394 A.2d 1348 (1978) was announced subsequent to the trial of this case. The state concedes, however, that under Hankerson v. North Carolina,

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