State v. Brady

The opinion of the court was delivered by .

Hoch, J.:

Appellant pleaded guilty to the crime of murder in the first degree and was sentenced to death. He appeals from the judgment and from the order overruling his motion for a new trial. His contentions are that our statutes provide no method for carrying into effect a death penalty, except upon conviction after trial by jury, and that there is no specific statute which empowers the trial court to fix the day for executing the death sentence and that there*832fore there is no lawful way in which such sentence can be carried out.

Although the facts…