p. 704DARDEN v. FLORIDA No. 76-5382. Argued March 28, 1977 Decided April 19, 1977
Geoffrey M. Kalmus argued the cause and filed briefs for petitioner.
Richard W. Prospect, Assistant Attorney General of Florida, argued the cause for respondent. With him on the brief was Robert L. Shevin, Attorney General.
The writ of certiorari is dismissed as improvidently granted.
with whom Mr. Justice Marshall
joins, dissents and, adhering to his view that capital punishment is in all circumstances prohibited as cruel and unusual punishment by the Eighth and Fourteenth Amendments, would set aside the death sentence imposed in this case.