Melton v. Commonwealth

[1] The accused (plaintiff in error) was found guilty of rape, and sentenced to confinement in the penitentiary for five years—the minimum time prescribed by the statute. The accused insists that the judgment of conviction is erroneous because the jury were discharged before the verdict was rendered upon which the judgment was entered. The facts upon this question are set forth in bill of exception No. 2, as follows:

“Be it remembered that during the trial of this cause the jury, after argument of counsel, came into court from the jury room with the following verdict:

“ ‘We, the jury, find the…