WALLER, Circuit Judge.
Under Title 12, Sec. 588c [now 18 U.S. C.A. § 2113], U.S.C.A. [Bank Robbery Statute], the death penalty can be imposed only upon a verdict of the jury to that effect. The fact that in the trial of this case the jury did not see fit to invoke the death penalty but undertook to fix by its verdict a sentence of life imprisonment would not make void a like sentence rendered by the Court in the exercise of its own discretion. The judgment entered...
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