In re Gomez

Habeas corpus. The complainant is confined in the state prison under a judgment of conviction for assault in the first [1] degree. At the trial the jury returned the following verdict: “We, the jury in the above-entitled court and cause, find the defendant Andrew Gomez guilty of the crime of assault in the first degree as charged in the information herein, and fix his punishment at not less than -years nor more than ten years in the state prison.”

Instead of requiring the jury to amend the verdict to make it conform to the requirements of the Indeterminate Sentence Law (Laws 1915, p. 21), the…