Barnett v. State

HABPEB, Judge.

Appellant was indicted for selling liquor in prohibition territory, and upon trial the jury returned the following verdict: “We, the jurors, find the defendant guilty as charged and assess his punishment at confinement in the penitentiary for one year. We, the jurors, recommend that sentence be suspended as this being the first offense.”

The question arises, is a jury authorized to recommend a suspension of the sentence when no application has been-made by the person on trial ? We think not. The law is plain. Before a sentence can be suspended “application therefor must be made…