Vaughn v. State

PRICE, Presiding Judge.

The indictment charged assault with intent to murder. Conviction was for the offense of assault and battery.

The verdict of the jury was as follows:

“We, the Jury, find the defendant guilty of assault and battery and refuse to fix the punishment.”

The sentence of the court reads:

“ * * * that the State of Alabama for the use of Blount County have and recover of the defendant six months hard labor.”

Counsel for appellant insists that the refusal of the jury to assess a fine rendered the court powerless to impose a hard labor sentence.

The statute under which defendant was…