Legal Opinion

Defrese v. State

Tennessee Supreme Court

Decided November 10, 1870PublishedCited by 11 opinions

FROM KNOX. In tbe Circuit Court. E. T. Hall, J., presiding. The indictment upon which the prisoner was convicted was in the common law form. cited Roscoe, Cr. Ev., 569, 576-7, m.; 2 Whar. Am. Cr.

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FROM KNOX. In tbe Circuit Court. E. T. Hall, J., presiding. The indictment upon which the prisoner was convicted was in the common law form. cited Roscoe, Cr. Ev., 569, 576-7, m.; 2 Whar. Am. Cr. Law, §§ 1849, 1787; State v. Long, 1 Hay., 154; Letter v. State, 9 Yerg., 397, 404, decided in 1836; and insisted that the Code 4678, 4679, restored the old rule of the common law; that in returning to the old rule the mode of proceeding was revived; that the statutes declared the act larceny, and evidently they meant that it should be so described, and so Hall v. The State, 3 Cold., 138, was a…

1Opinion of the Court

Síteed, J.,

delivered tbe opinion of the Court.

The prisoner and one J. H. Smith' were indicted in the Circuit Court of Knox county for the crime of robbery. They were both convicted of grand larceny, and adjudged to confinement in the Penitentiary for five years. The prisoner appealed in error. On the 8th of January, 1869, the prosecutor, James P. Johnson, a citizen of Union county, was in the city of Knoxville. About noon of that day, he started out of the city in his wagon, and had reached a bridge near Ingles’ mill when the defendant Smith came up to the wagon and asked permission to ride,…

2Cited by11 opinions

  1. Carroll v. StateTennessee Supreme Court · 1963
  2. Webster v. StateCourt of Criminal Appeals of Tennessee · 1967
  3. Harris v. StateTennessee Supreme Court · 1950
  4. Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
  5. Wright v. StateTennessee Supreme Court · 1977

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