Motion overruled, and judgment entered.
It was a question, whether, under the last section of the act, the jury were to ascertain the term of imprisonment, and whether imprisonment were not a necessary part of the punishment; but the court decided both in the negative. Quaere—see Old Rev. Code, p. 287, §§ 3, 4; Id. pp. 33, 38; Id. p. 112, § 26.