WINBORNE, Justice.
By his twenty-second exception on this appeal defendant challenges, and we hold properly so, the correctness of this portion of the charge given by the judge to the jury upon the trial in Superior Court: "And in the event, if you should return a verdict of guilty of murder in the first degree, it would be your duty to consider whether or not under the statute, you desire and feel that it is your duty to recommend that the punishment of the defendant...
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