Carter v. State

Duckworth, Presiding Justice.

(After Stating the foregoing facts.) It. is quite apparent that an attempt was made in the trial court to obtain a verdict of guilty and submit to the jury the question of recommending mercy. Numerous cases have reached this court where it was quite evident that the attorneys and trial judge were uncertain as to the law on the question of procedure when it was sought to thus handle a capital case. It is provided in the Code, § 26-1005, that the punishment for murder shall be death but may be confinement in the penitentiary for life if the jury trying the case…