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SMITH v. UNITED STATES

No. 6132.

47 F.2d 518 (1931)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

February 2, 1931.

Attorney(s) appearing for the Case

Vanderveer, Beardslee & Bassett, George F. Vanderveer, Will G. Beardslee, and Samuel B. Bassett, all of Seattle, Wash., for appellant.

Anthony Savage, U. S. Atty., and Tom De Wolfe and Cameron Sherwood, Asst. U. S. Attys., all of Seattle, Wash.

Before RUDKIN and WILBUR, Circuit Judges, and NORCROSS, District Judge.

RUDKIN, Circuit Judge.

This is an appeal from a judgment of conviction for the crime of rape. It appears from the record that, some time after the submission of the case, the jury returned into court for further instructions as to their duty in fixing the penalty. In response to this request, the court correctly informed them that they, in effect, fixed the punishment, that, if they returned a verdict without the qualifying words, "without capital punishment," the...

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