Sharp v. State

The plaintiff in error was indicted and tried for the killing of one Jacob Beeler. The jury returned a verdict of “guilty of murder in the second degree,” and fixed his punishment at ten years’ confinement in the penitentiary. The record shows that a motion for a new trial was overruled, and from this an appeal was prayed and granted to this court. No judgment was entered on the verdict, whether by inadvertence of the trial judge in failing to pronounce one, or, if pronounced, by clerical negligence not entered. If there had been an imperfect judgment in the court below, it might have been…