104 Tenn. 522 | Tenn. | 1900
The plaintiff in error, under an indictment for assault with intent to commit murder in the second degree, was found guilty of a simple assault by the jury, who, in their verdict, fixed his punishment at a fine of $75. This verdict was received by the trial Judge,
The action of the Court in imposing this additional punishment is made the subject of the only assignment of error. There was no error in this. The exclusive power of the Judge, • in such a case, to fix the term of imprisonment in the county jail, has been often recognized by this Court. In Wickham v. State. 7 Cold., 525, the defendant was "found guilty of an assault and’ battery, and the jury fixed his punishment at confinement in the county jail for twelve months and a fine of $500. On this verdict' the Court entered judgment. On appeal, it was insisted the verdict was unauthorized, and the judgment was therefore reversible. This Court said that, “having found the defendant guilty of an assault and battery, the jury had the power to fix the punishment of the fine, if they deemed the offense deserved a greater punishment than a fine of $50, but they had no power to fix the term of imprisonment in the county jail; that is a power the exercise of which belonged to the Judge. But what difference can that make in the result ? The Court has adjudged that the defendant be imprisoned, and we cannot see that it can make
The judgment of the lower Court is affirmed.