dissenting as to sentence.
For the reasons stated in Part I of my dissenting opinion in State v. Pinch, 306 N.C. at 38, 292 S.E. 2d at 230 (1982), I believe it was prejudicial error for the trial judge to instruct the jury that it had a duty to recommend the death sentence if it answered certain issues favorably to the state.
Therefore I vote to vacate the death sentence and to remand for a new sentencing hearing. I concur with the result reached by the majority in the guilt phase of the case.