Lee v. State

The plaintiff in error was charged with manufacturing whisky, and the jury returned the following verdict: “We, the jury, find the defendant guilty [and] ask [the] mercy of the court.” Thereupon the accused was given a misdemeanor sentence. At the same term of the court he presented a motion to arrest the judgment, based upon the allegation that the verdict was not a legal one, under the indeterminate-sentence statute, in that no minimum and maximum penalty was fixed by the verdict. The motion was overruled and the defendant excepted. Held: The verdict was not in proper form, and the judge…