Homicide 27i — In this prosecution for murder, the charge in regard to the jury's right to recommend life imprisonment held erroneous on authority of S. v. Carter, ante, 106.
Criminal prosecution upon a bill of indictment charging the defendant with the murder of one Raymond Hayes.
The jury returned a verdict of guilty of murder in the first degree, without recommendation of life imprisonment, and judgment was pronounced imposing sentence of death by asphyxiation, from which the defendant appeals.
PER CURIAM.
Precisely the same error was made in the trial of this case as was made in S. v. Carter, ante, 106: the trial court did not instruct the jury what the legal effect of a recommendation of life imprisonment would be, as required by statute, G.S. 14-17. For the reasons given in S. v. Carter, a new trial is necessary. It is so ordered.
New trial.