854 (1930). Cf. Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). 8 . We cannot infer from the judge’s failure to instruct on the elements of the offense that he determined those issues as a matter of law. Compare Johnson v. People, 145 Colo. 314, 358 P.2d 873 (1961). 9 . See United Brotherhood of Carpenters & Joiners of America v. United States, 330 U.S. 395, 408-410, 67 S.Ct. 775, 91 L.Ed. 973 (1947); Roe v. United States, 5 Cir., 287 F.2d 435, cert. denied 368 U.S. 824, 82 S.Ct. 43, 7 L.Ed.2d 29 (1961); United States v. Gollin, 3 Cir., 166 F.2d 123, cert. denied 333 U.S. 875, 68 S.Ct. 905, 92 L.Ed. 1151 (1948). Cf. Sparf and Hansen v. United States, 156 U.S. 51, 105, 15 S.Ct. 273, 39 L.Ed. 343 (1895); United States v. Taylor, Cir.Ct., D.Kans., 11 F. 470 (1882) (<HOLDING>). But see Malone v. United States, 6 Cir., 238
holding that after court dismissed case at plaintiffs request notwithstanding the fact that jury had deliberated upon the case and indicated that it had reached a verdict there was no case pending in court on which a verdict could be predicated and the information which the judge got from an inspection of the petition handed to him by the foreman of the jury was information which he received as an individual and not as a judge of the court and further holding that despite violation of defendants right to receive the verdict that was purportedly reached the writing incorporated in the bill of exceptions as a verdict of the jury was in law no verdict because it was not received in court and published as required by law and was instead entirely extraneous and extrajudicial holding that a jury verdict of guilty constitutes a conviction for purposes of the federal firearms statute and therefore the defendant was convicted of a felony during the interval between the jurys return of its guilty verdict and his scheduled sentencing holding that the verdict must be sustained if there is any competent evidence to support the verdict holding that the statute that provides for a verdict of guilty but mentally ill does not preclude a death sentence as the result of such a verdict holding that the judge can never direct a verdict of guilty no matter how conclusive the evidence