NICHOLS, Presiding Judge.
1. It is not error for the trial judge to instruct the jury that he could not state whether the defendant would be entitled to, or be benefited by medical treatment but that they do have hospitalization facilities in connection with penal institutions in response to a question by a juror, "If we sentence the defendant would that automatically give this boy psychiatric treatment or does he go to the penitentiary?" See as to similar refusals...
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