Nicholas v. State

Gilbert Nicholas appeals from a conviction of murder in the second degree his punishment having been fixed at not more than fifteen years in the State Penitentiary.

Nicholas went to trial under an indictment charging him with murder in the first degree. The verdict of the jury as shown on the minute entry in the record before us is as follows:

“* * * they (the jury) find the defendant, Gilbert Nicholas guilty as charged.”

*266This verdict of the jury is invalid for two reasons.

First under Sec. 39-2404, T.C.A. the jury was required to determine by their verdict whether they found Nicholas guilty of…