PER CURIAM.
The writ of certiorari is dismissed as improvidently granted.
THE CHIEF JUSTICE took no part in the consideration or decision of this case.
MR. JUSTICE STEWART, with whom MR. JUSTICE DOUGLAS joins, dissenting.
In the petitioner's trial on a charge of rape, the District Judge instructed the jury that it could return a verdict of guilty with the death penalty. Yet that verdict was constitutionally impermissible in light of this Court...
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