Eickholt

The defendant was convicted of the offense of driving an automobile upon a public highway while he was under the influence of intoxicating liquor. The jury returned the following verdict: “We, the jury in the above entitled action, find the defendant Arthur Eiekholt guilty as charged in the information, and we recommend that the punishment be a suspended sentence of 90 days in the county jail and that his car be taken away from him for a period of six months and that he be forbidden to drive any motor vehicle for six months.” The defendant was thereupon sentenced to ninety days’ imprisonment in the county jail. On appeal he makes two contentions which he maintains entitle him to a reversal of the judgment and of the court’s order denying a new trial. These contentions are, first, that the court erred in failing to give the jury further instructions after the verdict was rendered and, second, that the court erred in not entering a judgment in conformity with the recommendation of the jury as set forth in the verdict. The first of these contentions rests upon the hypothesis that the verdict was illegal and that it became the duty of the court so to advise the jury and to direct that…