173 Ga. 892 | Ga. | 1931
C. Y. Oliver brought his petition for habeas corpus against J. I. Lowry, sheriff. After hearing evidence and argument, the presiding judge remanded the prisoner to custody, and to the order the petitioner excepted. The applicant had been indicted under the Penal Code, §§ 183(a), 183(b), for possessing nitroglycerine and dynamite cap and fuse with intent to commit burglary. The punishment for the crime for which he was convicted is from three to ten years. The jury had been permitted to return a sealed verdict and to separate. The verdict was as follows: “We, the jury, find the defendant guilty as charged, and recommend him to the mercy of the court.” It was dated and signed by the foreman.
The statute in regard to indeterminate sentences (Ga. L. 1919, p. 387, 11 Park’s Code Supp. 1922, § 1081(e)) provides that “The jury in their verdict on the trial of all cases of felony not punishable by life imprisonment shall prescribe a minimum and maximum term.” In view of this provision of the law, it is insisted by the plaintiff in error that, the jury having failed to fix a minimum and
Judgment affirmed.