Young v. People

This was an indictment against the plaintiff in error under the statute, for an assault with a deadly weapon, with intent to commit a bodily injury. The jury found him guilty of an assault and battery, and fixed the amount of the fine at $25, which amount was imposed by the judgment of the court.

TJpon the errors assigned it is urged that this verdict is illegal, and so cannot support the judgment for two reasons:

First, That the jury had no authority to fix the fine, which is true. R. S., 1877, Chap. 38, § § 444-7; but being unauthorized, that part of the verdict is to be treated as…