90 Ky. 654 | Ky. Ct. App. | 1890
DELIVERED TH'E OPINION OF THE COURT.
The appellant, Roberts, was indicted in the Fayette Circuit Court for the murder of John McCarty. The jury brought in a verdict of manslaughter, fixing his punishment at confinement in the penitentiary for four years.
There is only one question in the case necessary to be considered. After the evidence had closed for the State and the defense, the court, through inadvertence, instructed the jury that if the accused was guilty of manslaughter his punishment was confinement in the State prison for a period of not less than ten nor more than twenty-one years. The jury, under this instruction, after' fully considering the case, returned into court with a verdict fixing the ’ punishment at ten
It has been argued that no injustice has been done the accused, but, on the contrary, the punishment having been lessened, he was, in fact, benefited by the error committed. We think this court ought not to inquire as to the effect of the second finding, as such a practice can not be sanctioned when the life or liberty of the citizen is involved. The action of the court may also have been prejudicial to the rights of the accused. The jury, as the record shows, had deliberated on the issue many hours before returning into court with their first verdict, fixing the punishment at the shortest period of time. They evidently saw what they considered some miti
The judgment is reversed, and remanded for a new trial consistent with this opinion.