Graham v. State

The appellants were indicted jointly, the indictment charging, in two counts, murder in the first degree. On their trial they pleaded not guilty, and the jury returned the following verdict: "We, the jury, find the defendants guilty as charged." On this verdict the court adjudged them each guilty "of murder in the second degree" and sentenced W. E. Graham and Jim Chappell for a term of thirty years' imprisonment in the penitentiary, and sentenced Frank Graham for a term of ten years.

The verdict does not ascertain the degree of murder of which the defendants are guilty, nor fix the punishment,…