State v. McCoy

Lively, Judge :

Tbis writ is to review tbe judgment of tbe circuit court of Mingo county rendered at its January term, 1923, by wbicb tbe defendant was sentenced, to imprisonment for life for tbe murder of Harry Staten. Tbe jury returned tbe following verdict: “We, the jury agree and find tbe defendant, J. C. McCoy, guilty as charged within tbe indictment, and further recommend mercy. J. R. Bevens.”

Tbe usual motions followed, wbicb were overruled, and tbe sentence pronounced.

Tbe only assignment of error is that tbe verdict is fatally defective. Tbe statute, sec. 19, chap. 159, Code, provides:

“I…