Duker v. State

The opinion was delivered per Curiam. Upon an indictment for murder, the appellant pleaded guilty, and after hearing the evidence, which was not disputed, the trial court found him guilty of murder in the first degree; and the propriety of that finding is not disputed. Sentence of death was imposed under the provision of the Code, art. 27, see. 403, that every person convicted of murder in the first degree shall suffer death or undergo confinement in the penitentiary of the state for the period of his natural life, in the discretion of the court before whom such person may he tried. And the legality of the sentence is not, and cannot be, disputed.

The appellant, however, subsequently filed in the trial court a motion to strike out the judgment and sentence on the ground that the trial court reasoned erroneously and drew unwarranted conclusions from evidence ⁵⁴⁸ which it received to guide its discretion in determining which of the statutory penalties should be imposed. The evidence was upon a contention of the appellant’s counsel that, while legally sane, and responsible for his acts, the appellant had deficiencies which required the selection for him of the mo-re lenient sentence of life imprisonment. And it is contended that, in its reasoning and conclusions upon this evidence; the trial court abused the discretion imposed in it by the statute. The appeal is from an order overruling the motion, and on behalf of the State a motion toi dismiss the appeal has been made in this court.

The court is clear in its opinion that it is given no- power to consider an objection such as that now made to the trial court’s action. The objection is not that the trial court failed to receive -and consider any