dissenting:
I respectfully dissent. When the judge ascertained that the verdict was not a proper one, i. e., non-unanimous, he complied with the provisions of 22 O.S.1971, § 922 by sending the jury back out to deliberate.
The only proper verdict returned in the penalty stage of this case was the verdict of death, and it was amply supported by the evidence presented in aggravation punishment by the State.