Scitz v. State

This was an indictment against the plaintiff in error for an assault with intent to murder. On the trial, the jury found the following special verdict, to-wit: “ We, the jury, find the defendant guilty of striking with a loaded whip, calculated to produce death, without any cause or provocation,” and asked the court to apply the law arising thereon, and to render judgment accordingly. The court thereupon rendered judgment of “guilty in manner and form as charged in the indictment,” and sentenced the defendant to the penitentiary for the term of two years. The rendering of the judgment upon…