BRANCH, Justice.
Defendant, by his first assignment of error, challenges the imposition of the death penalty on two grounds. He first argues that the death penalty cannot be imposed because the evidence discloses neither an intent to rob or murder deceased nor any overt act on his part from which such an intent can be inferred. We disagree.
"A[ny] murder . . . which shall be committed in the perpetration or attempt to perpetrate any . . . robbery . . . shall...
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