DocketNumber: 15552.
Citation Numbers: 38 S.E.2d 810, 201 Ga. 65, 1946 Ga. LEXIS 359
Judges: Candler
Filed Date: 7/3/1946
Status: Precedential
Modified Date: 10/19/2024
J. H. Morgan was indicted in the Superior Court of DeKalb County for rape, and on his trial for that offense a jury returned the following verdict: "We, the jury, find the defendant guilty of assault with intent to rape and fix his punishment at a minimum of 4 years and a maximum of 8 years." Thereupon he was duly sentenced by the court. While the bill of exceptions recites, "the jury returned a verdict finding the defendant guilty, recommending mercy and fixing his sentence not less than ____ years minimum and ____ years maximum," and the trial judge certified the bill of exceptions to be true — it is well-settled law in this State that, where there is a conflict between the allegations of the bill of exceptions and the record, the record controls. Heath v. Miller,
Transferred to the Court of Appeals. All the Justicesconcur.