State v. Spence

HERRMANN, Chief Justice:

This certification presents the question of the constitutionality of capital punishment for first degree murder under 11 Del.C. §§ 636 and 4209. 1 in light of the recent decisions of the United States Supreme Court in Woodson v. North Caroli na, 428 U.S. 280, 96 S.Ct. 2978, 49 L.Ed.2d 944 (1976) and Roberts v. Louisiana, 428 U.S. 325, 96 S.Ct. 3001, 49 L.Ed.2d 974 (1976).

I

For the presentation and determination of that question, there have been consolidated in these proceedings the 9 cases now pending in this Court in which death sentences have been imposed under §…