Powell v. State

Appellant was convicted of driving a car while under the influence of intoxicating liquor resulting in a death. After a trial by jury the following verdict was returned :

“We, the Jury, find the defendant, Lester L. Powell, guilty of Driving While Under the Influence of Intoxicating Liquor, a Felony, and that he is 46 years of age. (leaving the matter of punishment to the Court.)”

Pursuant to Burns’ Ind. Stat. Anno. §47-2001 (b) (1), (1967 Cum. Supp.), appellant was sentenced to an indeterminate period of not less than one nor more than five (5) years. Appellant contends that the verdict of the…