116 Ga. 87 | Ga. | 1902
• On the'trial of Set Wells under an indictment chargr ing him with hog-stealing, after the argument was concluded and
Under the Code of 1882, §§4399, 4401, hog-stealing was punishable as a misdemeanor, when the jury trying the case recommended the prisoner tó mercy. In such event the judge was obliged to follow the jury’s recommendation and to impose a misdemeanor punishment. Such, however, is no longer the law since the adoption of the Code of 1895. The Penal Code, § 163, declares: “The punishment of hog-stealing shall be as prescribed in section 161 for the offense of cattle-stealing.” Section 161 is: “The stealing of one or more animals falling under the above description of cattle shall be punished by imprisonment in the penitentiary not less than two nor more than four years.” Section 1036 of that code provides that all felonies, with certain specified exceptions, among which hog-stealing is not mentioned, “shall be punished by imprisonment and labor in the penitentiary for the terms set forth in the several sections in this code prescribing the' punishment of such offenses; but on the recommendation of the jury trying the case,
Judgment reversed.