Opinion
3 Div. 466.
June 26, 1923.
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 follows: "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 the punishment of the defendant. Acts 1915, p. 137; Washington v. State, 125 Ala. 40, 28 So. 78; Bates v. State, 170 Ala. 26, 54 So. 432; McKinney v. State, 17 Ala. App. 474, 86 So. 121.
Harwell G. Davis, Atty. Gen., for the State.
No brief reached the Reporter.
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 So. 121; Washington v. State, 125 Ala. 40, 28 So. 78; Bates v. State, 170 Ala. 26, 54 So. 432.