Wilson v. Commonwealth

The accused, Charlie Wilson, was indicted for the malicious wounding of C. E. Keeter. The first bill of exceptions sets forth the result of the tríal as follows:

“And having heard the foregoing evidence and the instructions of the court, and argument of counsel, the jury returned the verdict of guilty against the defendant, and fixed the punishment at five years in the penitentiary, with a recommendation that three and one-half years thereof be suspended.” 0

Treating, no doubt, as surplusage the recommendation for a three and one-half years’ suspension of the punishment, the trial court…