Petitioner contends that he was unconstitutionally convicted because a statement he made during in-custody interrogation was admitted in evidence during the prosecution's case-in-chief, despite the absence of any warning to petitioner that if he could not afford an attorney one would be appointed to represent him before questioning. See Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). On the record in this case, we would grant certiorari and set case for oral argument. In any event, the imposition and carrying out of the death penalty in this case constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. Gregg v. Georgia, 428 U.S. 153, 227, 96 S. Ct. 2971, 49 L. Ed. 2d 904 (1976) (Brennan, J., dissenting); id., at 231, 96 S. Ct. 2973 (Marshall, J., dissenting). We would therefore grant certiorari and vacate judgment in this case insofar as it leaves undisturbed the death sentence imposed.