Harden v. State

This appellant was indicted for rape. The alleged injured party was Florria Harden, who the evidence disclosed was his own daughter, a girl about the age of 16 years, and upon her evidence the state relied for a conviction.

Upon conviction for rape the law makes it the express and sole duty of the jury, in its discretion, to fix the punishment, Code 1923, § 5407; and in charging the jury in this case the learned trial judge correctly stated the law in this connection.

The jury, however, disregarded the court's instructions and returned into court the following verdict, to wit: "We, the jury,…