HAWES v. STATE

(97 South. 114) (3 Div. 466.) HAWES v. STATE. (Court of Appeals of Alabama. June 26, 1923.) Criminal law c&wkey;884 — Verdict not assessing punishment held insufficient. A verdict in -a prosecution on a charge of carnal knowledge of a girl over 12 and under 16, which found defendant guilts^ as charged in the indictment without fixing the punishment,. would not sustain a judgment of conviction. <&wkey;>For other cases see same topic and KEY-NUMBER in all Key-14 umbered Digests and indexes Appeal from Circuit Court, Autauga County ; W. M. Lackey, Judge. L. C. Hawes was convicted of having carnal knowledge of a girl over 12 and under 16 -years of age, and appeals. Reversed and remanded The verdict of the jury was as fellows': “We the jury find the defendant guilty as charged in the indictment” — without fixing the punishment. The judgment of the court upon the verdict fixed the punishment at from four to six years in the penitentiary. Gipson & Booth, of Prattville, and Chester Austin, Thos. J. Judge, and Clarence Mullins, all of Birmingham, for appellant. The court erred in receiving the verdict of the jury, which failed- to fix Ihe punishment of the defendant. Acts 1915, p. 137; Washington v. State, 125 Ala. 40, 2S South. 78; Bates v. State, 170 Ala. 26, 54- South. 432; McKinney v. State, 17 Ala. App. 474, 86 South. 121. Harwell G. Davis, Atty. Gen., for the State. No brief reached the Reporter. [MAJORITY — . SAMFORD, J.] . SAMFORD, J. The judgment is reversed and the cause is remanded on the following authorities: Acts 1915, p. 137; McKinney v. State, 17 Ala. App. 474, 86 South. 121; Washington v. State, 125 Ala. 40, 28 South. 78; Bates v. State, 170 Ala. 26, 54 South. 432.