When an offense is punishable by imprisonment in the county jail, such imprisonment must be imposed by the court, unless the discretion is expressly conferred on the jury.
History: (Code 1852, §235; Code 1867, §3783; Code 1876, §4485; Code 1886, §4498; Code 1896, §5419; Code 1907, §7627; Code 1923, §5283; Code 1940, T. 15, §333.)