#### STATE v. DEL ADAMS.

(Filed 14 December, 1955.)

Homicide § 27i—

In tbis prosecution for murder, tbe charge in regard to the jury’s right to recommend life imprisonment held erroneous on authority of 8. v. Garter, ante, 106.

Appeal by defendant from Williams, J., and a jury, at August Term, 1955, of JOHNSTON.

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.

*291 Attorney-General Rodman and Assistant Attorney-General Bruton for the State.

E. J. Wellons and Grover A. Martin for defendant, appellant.

Per Cueiam.

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.