Browning v. State

Only the 6th headnote needs elaboration. The verdict was as follows: “We, the jury, find the defendant guilty. This — day of —, 191—. Thomas Kennedy, Foreman. Sentence five years; no more nor no less.” The motion for a new trial alleges that after a conference with the judge one of the attorneys for the State so changed the verdict as to make it read: “We, the jury, find the defendant guilty [of] voluntary manslaughter, and fix his sentence at not less than five years and not more than five years in the penitentiary. This the 23rd day of February, 1923;” which was written over the signature…