McDougal v. State

The plaintiff in error was indicted in the Circuit Court of Lawrence County for rape.

At the August term he was tried, and the jury returned as their verdict, “they find the defendant guilty of an assault with attempt to commit a rape/*' and fixed the term of his imprisonment in the penitentiary at ten years.

Upon this verdict the court pronounced judgment of confinement for “ten years” in the penitentiary, etc. Upon the return of the verdict the defendant below moved the court to discharge him from custody, to-*661grant him a new trial, and to arrest the judgment. These motions were successively…