Powell v. State

Joslin, Judge.

The accused was convicted of breaking and entering with intent to commit larceny and sentenced for a term of three years. This appeal does not challenge the conviction of the accused of the crime charged but asserts error in the judge’s charge to the jury on the fixing of sentence, and in imposing sentence upon the accused.

At the close of his instructions, the judge instructed as to the sentence the jury might properly give in the event of conviction. This instruction was proper under the then existing law requiring a determinate sentence for a specific number of years. Code…