Kittrell v. State

Beard. J.

The plaintiff in error, under an indictment for assault with intent to commit murder in the second degree, was found guilty of a simple assault by the jury, who, in their verdict, fixed his punishment at a fine of $75. This verdict was received by the trial Judge, *523who. not deeming tbis a sufficient punishment for tbe offense committed, as disclosed by the proof, thereupon entered a judgment that he pay this fine, and, in addition, ,that he be confined in the county jail . of Perry County for the period of = eleven months and twenty-nine days.

The action of the Court in imposing this…