Smith v. State

Petitioner was indicted by the grand jury of Escambia county on a charge of carnal knowledge of a girl over 12 and under 16 years of age. Upon the trial the jury rendered, and the court received, the following verdict: “We the jury find the defendant guilty, as charged in the indictment,” after which the jury was discharged. On a later day of the court, and over the protest of defendant, petitioner was adjudged guilty, and the trial judge, of his own motion, sentenced petitioner to an indeterminate sentence of from 2 years to 2 years and 1 hour in the penitentiary.

The statute, Code 1923, §…