p. 1104No. 86-5846. Hovey v. McCarthy, Director, California Department of Corrections.
Sup. Ct. Cal. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied.
dissenting.
Adhering to our views that the death penalty is in all circuip-stances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153 , 227, 231 (1976), we would grant certiorari and vacate the death sentence in this case.
Cases cited
- Gregg v. Georgia 428 U. S. 153 at 231 p. 1104