State v. Green

Fishburne, Justice.

The appellant, Oscar Green, was tried for murder. He was convicted of manslaughter, and his sentence was fixed at fifteen years imprisonment in the state penitentiary. From this judgment he appeals. The appeal is based upon the action of the trial judge following the rendition of the verdict in requesting the jury to return to the jury room and make a recommendation as to the quantum of punishment.

Immediately after the verdict of guilty was published, the presiding judge made this statement to the jury: “Gentlemen, while you have no control over the sentence in this case —…