Stephens v. State
Supreme Court of Georgia
Criminal law. Verdict. Recommendation to mercy. Before Judge Buoi-ianan. Coweta Superior Court. September Term, 1873. - Stephens was placed on trial for the offense of bestiality, alleged to have been committed on September 2d, 1873. The defendant pleaded not guilty.- The jury found him guilty, and recommended him to the mercy of the court. A motion for a new trial was made because the verdict was illegal. The charge of the court does not appear.
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Criminal law. Verdict. Recommendation to mercy. Before Judge Buoi-ianan. Coweta Superior Court. September Term, 1873. - Stephens was placed on trial for the offense of bestiality, alleged to have been committed on September 2d, 1873. The defendant pleaded not guilty.- The jury found him guilty, and recommended him to the mercy of the court. A motion for a new trial was made because the verdict was illegal. The charge of the court does not appear. The motion was overruled, and defendant excepted.
1Opinion of the Court
Trippe, Judge.
1. In the ease of Wair vs. The State, decided at the present term, it was held that in a murder case a verdict of guilty which was not founded on circumstantial testimony, was not vitiated by a recommendation to mercy. In such cases the judgment is fixed by law — it is absolute and not within the power of the jury by any recommendation, or within the discretion of the court, to change it. So it is in this case. Upon the rendition of a verdict of guilty, the power of the jury ceased, and there was no discretion in the court, not even a margin wherein he could grade the term of…
2Cited by1 opinion
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