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" ... and the consciences of the jury. The authority of the jury to decide that the accused shall not be punished capitally is not limited to cases in which , the court, or the jury, is of opinion that there are palliating or mitigating circumstances. But... "
Reports of Cases Argued and Determined in the Supreme Court And, at Law, in ... - Page 442
by New Jersey. Supreme Court - 1919
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United States Supreme Court Reports, Volume 43; Volumes 171-174

United States. Supreme Court - 1920
...conferred upon the jury in all cases of murder. The act does not itself prescribe, nor authorize the court to prescribe, any rule defining or circumscribing the exercise of this rignt; but commits the whole matter of its exercise to the judgment and the consciences of the jury....
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