HUNSICKER, P. J.
An appeal from a judgment of guilty of first degree murder, without a recommendation of mercy, entered by the Court of Common Pleas of Hamilton County, Ohio, has been lodged in this court for review.
The court appointed counsel for the defendant, appellant herein, say that the trial court erred:
"1. By entrusting the jury with the absolute power to determine whether petitioner should live or die if he were found guilty of the offense...
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