Hurt v. State

Grice, Justice.

1. Reese Hurt having been indicted for the offense of assault with intent to rob, committed on November 20, 1937, and the entire testimony at the trial so fixing the date, it was error to fail to 'charge the jury that if they found the defendant guilty they should in the verdict prescribe a maximum and minimum term, which shall be within the maximum and minimum term prescribed by law as the punishment therefor, as provided in the Code, § 27-2502. The accused being amenable to the law as it existed at the time of the alleged offense, the provisions of the subsequent act approved…