State v. Dunford

The opinion of the court was delivered by

Mason, J.:

James Dunford was convicted of an assault with intent to kill, and appeals.

Before the verdict was agreed upon the foreman of the jury sent to the trial judge a note reading: “Can we as a Jury recommend clemency or the limit of any *899section of the Crimes Act?” The judge returned a written answer in these words: “Under our law it is not the province of the jury to recommend'clemency in their verdict or as a jury in any way recommend the limit of punishment, but the court will listen to and consider any recommendation of any or all the members of…