Andres

This appeal involves a statute of the United States, Criminal Code § 330, 18 U.S.C.A. § 567 , providing, so far as pertinent, that in all cases where an accused is found guilty of the crime of murder in the first degree “the jury may qualify their verdict by adding thereto ‘without capital punishment’ ; and whenever the jury shall return a verdict qualified as aforesaid, the person convicted shall be sentenced to imprisonment for life.”

On the trial appellant was convicted of first degree murder. The jury’s verdict was not qualified, and the accused was given the death sentence in conformity with § 275 of the Criminal Code, 18 U.S.C.A. § 454 , providing that every person guilty of such offense shall suffer death. Errors are assigned in respect of certain of the court’s instructions. While no exceptions were taken below or objections made to these instructions, the gravity of the case is such that the assignments ought nevertheless be considered.

The court charged the jury that they might return a qualified verdict by adding the words “without capital punishment,” in which event the accused would not suffer death; that the power so to qualify was conferred solely upon them and…