Pipes v. Commonwealth

Opinion of the Court by

Judge Settle —

Reversing.

Appellant was convicted1 in the court below under an indictment charging him.with the crime of false swearing, the verdict of the jury being as follows:

“We, .the jury, find the'defendant guilty and fix his punishment at two-and-one-half years in the penitentiary.

“T. W. Bailey — one of the jury.”

By the judgment rendered the court treated the verdict as a mere finding of the appellant’s guilt, and, disregarding the penalty therein' indicated, fixed his punishment at confinement in the penitentiary not less than one nor more than five years.…