The application for stay of execution of the sentence of death, presented to Justice WHITE and by him referred to the Court, is denied.

Justice BRENNAN, with whom Justice MARSHALL joins, dissenting.

Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U.S. 153, 227, 2950, 49 L. Ed.2d 859 (1976), I would grant the application for a stay and vacate the death sentence in this case. Even if I did not hold this view, for the reasons stated below I still would be compelled to vote to overturn this sentence.

Streetman was convicted in Texas of murder and sentenced by a jury to die. Pursuant to Texas law, Tex.Code of Crim.Proc.Ann., [484 U.S. 992, 993] Art. 37.071(b) (Vernon 1981, and Supp. 1988), the jury was told that if they answered "yes" to two special questions, Streetman would automatically be sentenced to death.

The first question asked "whether the evidence established beyond a reasonable doubt that the murder of the deceased was committed delibera