TAFT, J.
Defendant contends that the trial judge erred in what he said in his charge and in his answer to the question of the jury with respect to the effect of a recommendation of mercy in a verdict of guilty of first degree murder.
The last sentence of Section 2945.11, Revised Code, reads:
"The court must state to the jury that in determining the question of guilt, it must not consider the punishment but that punishment rests with the judge except...
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