Day v. Commonwealth

Opinion of the Court by

Judge Carroll

Reversing.

On the trial of the appellant under an indictment charging him with murder the court, in instruction number two, on the subject of voluntary manslaughter, told the jury that if they found the defendant guilty under that instruction they should “fix his punishment by confinement in the penitentiary at any time so that it be not less than two years and not to exceed twenty-one years, in the discretion of the jury.” The jury found'the defendant guilty under this instruction, and in their verdict said: “We, the jury, agree, and find the defendant,…