Allison v. State

BEAUCHAMP, Judge.

Appellant was convicted of a statutory offense by a jury which returned- into open court a verdict of guilt on June 9, 1941, which was read by the clerk in open court in the presence of the jury and which contained a recommendation that the sentence of five years assessed by them be suspended. Accordingly, the trial judge in open court announced this verdict; took the recognizance of the party on trial and discharged him. After this was done one of the jurors complained to the court that they did not recommend that a suspended sentence be given. An investigation of the record…