Bingham v. State

OPINION

O’BRIEN, Judge.

This defendant was charged, tried, and convicted of escape in violation of T.C.A. Sec. 39-3802. He was sentenced to not less than one nor more than two years in the State Penitentiary.

The only assignment of error relied on here is the trial judge failed to instruct the jury that the defendant could be sentenced to a term in the Davidson County Workhouse for any period not to exceed eleven months and twenty-nine days under the provisions of T.C.A. Sec. 40-2703, which reads as follows:

“Place of confinement for terms of less than one year. — In no case shall any person…