Heard v. Gill

Wyatt, Justice.

After a valid verdict of guilty, with punishment fixed at three to five years, has been returned by a jury, and the trial judge has imposed an oral sentence in accordance therewith but through inadvertence the written sentence signed by the judge is for a term of seven to ten years, such sentence and judgment signed by the trial judge is a nullity because it does not follow the verdict, as required by the law. Code, § 27-2502. However, it appearing on the face of the record that a valid verdict has been returned, such a sentence, though a nullity, may be corrected to conform to…