Roberts v. State

delivered tbe opinion of tbe Court.

Tbe defendant, John D. Roberts, was convicted of assault and battery in tbe General Sessions Court of Madison County and fined $15.00. Defendant in tbis court went to' trial upon a plea of not guilty having waived bis right to indictment and trial by jury under Sections 40-118 and 40-423, T.C.A.

Under Section 40-426, T.C.A. any person so convicted as defendant herein in a Court of General Sessions may appeal to tbe Court having criminal jurisdiction in the county, and tbe case is then tried upon tbe original warrant, without indictment or presentment, but tbe…