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21-701.11.


21-701.11.
   
   In the sentencing proceeding, the statutory instructions as determined
   by the trial judge to be warranted by the evidence shall be given in
   the charge and in writing to the jury for its deliberation. The jury,
   if its verdict be a unanimous recommendation of death, shall designate
   in writing, signed by the foreman of the jury, the statutory
   aggravating circumstance or circumstances which it unanimously found
   beyond a reasonable doubt. In nonjury cases the judge shall make such
   designation. Unless at least one of the statutory aggravating
   circumstances enumerated in this act is so found or if it is found
   that any such aggravating circumstance is outweighed by the finding of
   one or more mitigating circumstances, the death penalty shall not be
   imposed. If the jury cannot, within a reasonable time, agree as to
   punishment, the judge shall dismiss the jury and impose a sentence of
   imprisonment for life without parole or imprisonment for life.
   

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