Smith v. State

Appellant was regularly indicted and tried for the offense denounced by Code 1923, § 5411. The jury trying the case returned a verdict as follows: “We the jury find the defendant guilty as charged in. the indictment.” Whereupon, and over appellant’s protest, the trial judge proceeded to “fix- the punishment” and to sentence the appellant. This was in contravention of the" plain terms of the statute (Code 1923, § 5411, supra), which are that one convicted, as appellant, .be punished (within certain limits) “at the discretion of the jury.’’ (Italics ours.) And for this unauthorized and…