Mitchell v. State

Plaintiff in error was tried for burglary, and the jury returned the following verdict: “We, the jury, find the defendant guilty, and recommend him to the mercy of the court.” This verdict was received by the judge and he fixed the term of punishment at from five to ten years. A motion in arrest of judgment was filed, in which it was urged that the verdict was illegal and should not have been received, that the court, under the indeterminate-sentence law, had no power or authority to fix the penalty, but that the jury alone had this power. The motion was overruled, and the defendant excepted.

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