State v. Leigh

We modify the judgment of the Court of Appeals.

Appellant postulates his appeal upon (1) claiming that the suppression of evidence by the prosecution relating to ballistics tests would have been assistive to the jury in the determination of the penalty and (2) the infliction of the death penalty constitutes cruel and unusual punishment in violation of the Federal and State Constitutions., There being no denial by the defendant as to participa*99tion in the robbery, and no question raised as to the finding of gnilt, this appeal is limited to the question of the degree of the penalty.

The United…