MacINTYRE, P. J.
1. Where, upon the trial of one charged with cattle stealing on January 21, 1951, the jury after several hours of deliberation return a verdict of guilty with a recommendation that he be punished as for a misdemeanor, without fixing a minimum and maximum sentence, and the trial court thereupon gives the jury the following additional instruction in charge: "Gentlemen, listen carefully, I thought I made this plain to you to start with: Where you convict...
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