State Ex Rel. McGuire v. Mayo

I think the accused should be remanded for a proper judgment and sentence unless the Criminal Court affected amends its own judgment to show that it, and not the jury, adjudged guilt. There is no excuse for such errors as this and the Supreme Court should not condone the misprision by rejecting as surplusage a definite part of a sentence affecting fifteen years of a man's liberty. *Page 703