State v. Autery
Supreme Court of Alabama
Alexander Autery and Anonymous Autery, were indicted in the Circuit Court of Conecuh county, for an assault and battery on one Charlton Thompson. At September term, 1827, the case was tried and the jury found the defendants guilty, and assessed against Alexander Autery a fine of five hundred dollars, and against Anonymous Autery twenty-five dollars.
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Alexander Autery and Anonymous Autery, were indicted in the Circuit Court of Conecuh county, for an assault and battery on one Charlton Thompson. At September term, 1827, the case was tried and the jury found the defendants guilty, and assessed against Alexander Autery a fine of five hundred dollars, and against Anonymous Autery twenty-five dollars. The Court reserved for the consideration of this Court, a point made in the cause under 'the provisions of the statute authorizing novel and difficult questions to be reserved, to wit: Theie was evidence before the jury shewing the pendency of a…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the Court.
In England and in most of the. States, the jury have nothing to do in criminal cases but to pass on the guilt of the accused. The Courts are to pronounce the punishment annexed by law, and almost universally they have a discretion as to the extent of the imprisonment, or amount of fine. Where this is the case, it is considered both usual and legal for the Courts to hear mitigating circumstances to qualify and direct the exercise of their discretion. If then,, it be right for the Courts hat ing this discretion, to hear all that might aid them in…
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