It has been held in numerous decisions with us that “Where on an indictment for murder there are facts in evidence tending to reduce tbe crime to manslaughter, it is tbe duty of tbe presiding judge to submit this view of tbe ease to tbe jury, under a correct charge, and bis failure to do so will constitute reversible error, though tbe defendant may have been convicted for tbe higher offense.” S. v. Merrick, 171 N. C., 788-791, citing S. v. Clyde Kennedy, 169 N. C., 289; S. v. Kendall, 143 N. C., 654 and 664; S. v. White, 138 N. C., 704 and 715; S. v. Foster, 130 N. C., 666-673; S. v. Jones, 79 N. C., 630; S. v. Matthews, 148 Mo., 185; Baker v. The People, 40 Mich., 411. That opinion then quotes from Kendall’s case, as follows: “It is a principle very generally accepted that on a charge of murder, if there is any evidence to be considered by tbe jury which tends to reduce tbe crime to manslaughter, tbe prisoner, by proper motion, is entitled to have this aspect of tbe case presented under a correct charge, and if tbe charge given on this question is incorrect, sucH a mistake will constitute reversible error, even though tbe prisoner should be convicted of tbe. graver crime, for it cannot be known whether, if tbe case bad been presented to tbe jury under a •correct charge, they might not have rendered tbe verdict for tbe lighter •offense.”
And from Foster’s case: “If it bad been clearly explained to tbe jury what constituted murder in tbe second degree, of which, through bis counsel, be bad admitted himself to be guilty, it may be that tbe jury would have coincided with that view; but in tbe absence of instruction •on that offense, with only tbe issue of murder in tbe first degree placed before them with instructions only as to that offense, with evidence of tbe homicide, it may well be that tbe jury held against tbe prisoner, that be was guilty, simply because they were not informed as. to the constituent elements of tbe lesser offense.” And Jones’ case, supra, is also referred to as a direct authority for tbe position as stated.
*692In tbe present case, there were facts in evidence on tbe part of tbe defendant permitting tbe inference tbat tbe homicide was not intentional, but may have been tbe result of culpable negligence on tbe part of tbe defendant, and so amounting only to tbe crime of manslaughter. S. v. Stitt, 146 N. C., 643; S. v. Vines, 93 N. C., 493.
A perusal of tbe record will disclose tbat not only is there no reference to tbe offense of manslaughter in the charge, but a special request for instructions presenting tbe question was refused or ignored by bis Honor, and for this error tbe issue must be referred to another jury.
In Stitt’s case, supra, it was held, among other things, tbat: “Before a conviction for murder can be bad, an unlawful and intentional taking of another’s life must be shown or imputed, as is sometimes tbe case, by reason of tbe killing with a deadly weapon, or under circumstances which indicate a reckless indifference to human life.”
And on tbe record tbe charge is objectionable further in tbat it gives to tbe jury no instructions pertinent to these respective positions or otherwise as to what may constitute either murder or manslaughter, and is not a sufficient compliance with the statute applicable (Rev., 535), requiring tbat tbe court shall declare and explain tbe law appertaining to tbe facts in evidence.
Defendant excepts, also, for that the jury have rendered a general verdict of “guilty” without specifying tbe degree of tbe crime as directed by sec. 3271 of tbe Revisal.
"We have held in several decisions on tbe subject tbat a verdict of that kind may be considered a sufficient compliance with the statute when tbe degree of the crime can be clearly ascertained by reference to the evidence in the case and the charge of the court (S. v. Wiggins, 171 N. C., 817-818, and authorities cited), but we deem it not amiss to again admonish tbe profession and officials engaged in trials of this supreme importance, tbat tbe verdict should be rendered in tbe precise form tbat the statute requires; that is, to specify in terms tbe degree of tbe crime of which tbe prisoner is convicted. S. v. Murphy, 157 N. C., 614.
For the reasons stated, there must be a new trial of the case, and it is so ordered.
New trial.