ORDER

On remand from the Supreme Court of the United States and in conformity with the opinion of that Court, Hankerson v. North Carolina, --- U.S. ---, 53 L.Ed. 2d 306 (1977), it is

ORDERED by the Court in Conference that the defendant be and he is hereby awarded a new trial. [See original opinion reported at 288 N.C. 632 (1975).]

This the 12th day of September, 1977.

James G. Exum, Jr. Associate Justice

For the Court