Roberts v. State

(dissenting).—There are several questions which,. in my judgment, ought to reverse the judgment. I do not care to discuss any of them at length, and will only mention two.

The verdict of the jury reads as follows: “We, the jury, find the defendant guilty and assess his punishment at twenty years in the penitentiary.” Appellant was tried under the new statute of murder, therefore the degrees of murder were not submitted. The court also charged the jury with reference to manslaughter. It will be observed the jury did not find of which offense they found appellant guilty—murder or manslaughter.…