Smith v. Texas
Opinion of the Court
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Ct. Crim. App. Tex. Certiorari denied.
Mr. Justice Brennan and Mr. Justice Marshall would grant certiorari and vacate the judgment insofar as it leaves undisturbed the sentence of death.
See Gregg v. Georgia, 428 U. S. 153, 227 (1976) (Brennan, J., dissenting) ; id., at 231 (Marshall, J., dissenting). Mr. Justice White would grant certiorari limited to Questions 1 and 2 presented by the petition.
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