Bedingfield v. State

From a judgment of conviction for the offense of an assault with intent to ravish, this appeal was taken.

The indictment was framed under section 3303 of the Code of 1923, and the conviction of this appellant was for the offense denounced therein. The trial court was in error in charging the jury to fix the punishment in the event of a conviction. The punishment provided by said section is not less than two nor more than twenty years. Upon conviction the court, and not the jury, must impose the punishment. Section 5278 of the Code 1923 provides: When an offense is punishable by imprisonment in…