Sheriff, Washoe County v. Smith

*730OPINION

By the Court,

Mowbray, J.:

Edward Leroy Smith is charged in a three-count indictment with two counts of .first-degree murder in violation of NRS *731200.030, subsection 2(a),1 and with one count of capital murder in violation of NRS 200.030, subsection 1(e).2 In a pretrial habeas proceeding, Smith challenged the constitutionality of the capital murder statute, seeking to have it declared void for vagueness. The district judge so ruled, and the State has appealed.

To be constitutional, a statute must be definite. Cramp v. Board of Pub. Instruction, 368 U.S. 278 (1961). Due process under…