Muse v. State

This ife a conviction of an assault with intent to commit voluntary manslaughter, with punishment fixed at eleven months imprisonment in the county jail, and the payment of a fine of five hundred dollars.

It is assigned for error that the record fails to show a plea of not guilty. This is true; but it does show that the jury were sworn “to try the issues joined,” the necessary inference from which is that this plea was interposed.

In this respect the case differs from Lynch v. State, 99 Tenn., 124, which is relied on by plaintiff in error. There the entry on the minutes failed to show a plea or…