Mahany v. People

An information charging the defendant with murder was filed September 3, 1901. September 21, 1901, the jury returned a verdict as follows: “We, the jury, find the defendant guilty of manslaughter and do recommend him to the mercy of the court.” The defendant excepted to the verdict and gave notice of a motion for a new trial. September 27 the defendant waived the filing of a motion for a new trial and stated to the court that he consented tha't *366judgment for involuntary manslaughter be entered on the verdict, but the court refused to enter judgment upon the verdict and set it aside because it…