Bomar v. State Ex Rel. Stewart

On Petition to Rehear

The petition tp rehear asserts that the rule with reference to collateral attack upon a judgment of-a Court of general -jurisdiction does not apply to a judgment of conviction of a criminal offense. No Tennessee decisions directly in point have been found. By indirection, some two or three seem to refute petitioner’s insistence.

State v. Galloway, 45 Tenn. 326, 337 (a contempt proceedings) observes that a judgment is void if it appears in the record that the Court was without jurisdiction. State v. McClellan, 87 Tenn. 52, 55, 9 S.W. 233, says that if a certain notice were…