Jordan v. State

A jury which tried a case in which the accused was charged with “manufacturing whisky,” returned a verdict as follows: “We, the jury find the - defendant guilty as charged, and fix a maximum penalty of one year and a minimum penalty of one and one half years, and recommend that he be punished as for a misdemeanor.” When this verdict was published the presiding judge told the jury that they would have to go back and rewrite their verdict, and again instructed them as to the form of the verdict. Thereupon counsel for the plaintiff in error made a motion for a mistrial upon the ground that this…