Brewer v. State

The plaintiff in error has appealed from a conviction of possessing whisky in violation of the statute. The jury fixed his punishment by assessing a fine of $100. The trial judge added a workhouse sentence of ninety days. The record recites that when the first witness for the State had been asked six preliminary questions the defendant’s counsel addressed the court as follows:

“If the court please, I would like for the record to show that at this point a motion was presented in writing that the jury fix the punishment in this case.”

The motion was overruled on the ground that “it came too late…