McMahan v. State

NIX, Judge.

Plaintiff in error, hereinafter referred, to as the defendant, was charged by information in the District Court of Kay County with the crime of embezzlement. He was-tried before a jury, was found guilty by the following verdict returned by the jury;-

“We the jury empanelled and sworn to try the issues in the above entitled cause, do, upon our oaths, find the defendant guilty, but unable to agree-on the punishment and leave the pun-’ ishment to the court. However, we recommend leniency do to circumstances.”

The jury being unable to agree upon the-punishment, defendant was sentenced…