#### STATE OF NORTH CAROLINA v. ALBERT (ALTON) E. BARNES.

(Filed 19 December 1963.)

On certiorari further to- review an order in .a poet conviction hearing held by Mintz, J., on February 6, 1963, denying defendant’s prayer for a new trial because of alleged denial of -his constitutional rights in a jury trial and conviction in .the Superior Court of ONSlow County, North Carolina. The defendant was convicted of a felony and sentenced to a term of imprisonment in the Superior Court of Onslow County at its October Term, 1961. This Court, on April 16, 1963, denied the defendant’s application for certiorari to review Miotz’s order of February 6, 1963.

The defendant applied for -and was granted a writ of certiorari by the •Supreme Count of the United States. At its October Term, 1963, that Court ordered that the judgment of this Court of April 16,1963, denying certiorari, be vacated 'and “ . . . this cause be remanded to' the Supreme Court of North Carolina for further consideration in the light of Gideon v. Wainwright, 372 U.S. 335.”

T. W. Bruton, Attorney General, James F. Bullock, Assistant Attorney General for the State.

Earl Whitted, Jr., Samuel S. Mitchell for petitioner appellant.

Pee Cueiam.

After further review upon the application of the tabove named defendant, this Court concludes the defendant’s constitutional rights as defined by the Supreme Court of the United States in Gideon v. Wainwright were not afforded him at his trial at the October Term, 1961, in the Superior Court of Onslow County. The ver-'diiot of guilty and the judgment of imprisonment thereon are, therefore, set aside and a new trial is ordered.

New trial.