Jenkins v. State

Appellant was indicted, and convicted in the circuit court of Attala county of the murder of Jack McBride, and sentenced to the penitentiary for life. F'rom that judgment he prosecutes this appeal.

The jury returned the following verdict into court:

“We, the jury, find the defendant guilty as charged, and certify that we are unable to agree upon his punishment, and bég the mercy of the court.”

Without any request on the part of appellant that the jury be polled, with a view of ascertaining the meaning of their verdict, the verdict as returned was accepted by the court, and the jury discharged.…