State v. Watkins

HUSKINS, Justice.

The failure of the trial judge to inform the jury that a conviction of murder in the first degree would result in a mandatory sentence of death constitutes defendant’s first assignment of error.

The jury returned a verdict of guilty of murder in the first degree with recommendation of mercy. Defendant contends that had the jury known a sentence of death would be pronounced notwithstanding the mercy recommendation it would not have convicted him of murder in the first degree.

For reasons hereinafter stated, the death sentence pronounced in this case must be vacated and a life…