Suitor v. State

First. Upon the trial of this cause, when the same was submitted to the jury, the court handed the jury a number of different forms of verdict, among which was the following :

“We, the jury, impaneled and sworn to try the issues.in the above-entitled cause, do upon oath find the defendant, M. D. Suitor, guilty of an assault and battery, and we' fix his punishment at imprisonment in the county jail for the period of-days, and a fine of-.”

It is insisted by counsel for appellant that the handing of this form of verdict to the jury by the trial court was reversible error, because it by implication…