State v. Simmons

By bis twenty-second exception on this appeal defendant challenges, and we bold properly so, tbe correctness of this portion of tbe charge given by tbe judge to tbe jury upon tbe trial in Superior Court:

“And in tbe event, if you should return a verdict of guilty of murder in tbe first degree, it would be your duty to consider whether or not under tbe statute, you desire and feel that it is your duty to recommend that tbe punishment of tbe defendant shall be imprisonment for life in tbe State’s prison.”

Tbe error in this instruction is that it imposes upon tbe jury a duty not imposed by tbe…