Hendricks v. State

We granted certiorari so that we might consider the action of the Court of Appeals in discharging the defendant upon reversal of the judgment of conviction. This case involves a jury trial and so the question has arisen as to the power of the court to discharge the defendant without the verdict of a jury. Reference is made by petitioner to § 810, Title 7, Code of 1940, which is as follows:

"The appellate court may, upon the reversal of any judgment or decree, remand the same for further proceedings, or render such judgment or decree as the court below should have rendered, when the record…