State Ex Rel. Town of South Carthage v. Barrett

OPINION

ANDERSON, Justice.

The sole issue raised in this direct appeal is whether municipal or “corporation” courts may constitutionally exercise concurrent jurisdiction over state criminal offenses committed within the municipality’s boundaries. The Smith County Circuit Court held that the legislation (Tenn.Code Ann. § 6-2-403) granting such concurrent jurisdiction to the Municipal Court of the Town of South Carthage violates the separation of powers provisions of the Tennessee Constitution. We agree and affirm.

BACKGROUND

The parties have stipulated the following factual and procedural…