Flynt v. State

The defendant, Elbert Flynt, was charged by information filed in the district court of Roger Mills county, with the crime of assault with a sharp and dangerous weapon, with intent to do bodily harm upon one Evert Spitler. Upon trial to a jury, a verdict was rendered finding the defendant guilty, but leaving the punishment to be assessed to the court. On a separate sheet of paper attached to the verdict the jury stated, “We recommend a suspended sentence.” The trial court accepted the recommendation of the jury and thereupon sentenced the defendant to serve two years’ imprisonment in the…