Batts v. State

Mr, Justice Neil

delivered the opinion of the Court.

This is an appeal from a conviction of murder in the first degree, the jury “recommending” a sentence of twenty-one years in the penitentiary.

The defendant has filed the following assignments of error: (1) the evidence preponderates against the verdict; (2) the verdict is not supported by the evidence; (3) that the verdict is a nullity and no judgment can be pronounced thereon.

The verdict of the jury was as follows: “We, the jury, find the defendant guilty of first degree murder with mitigating circumstances and recommend a sentence of…