State v. Brooks

Defendants were jointly indicted, and convicted, of armed robbery, and given ten year sentences. The Court of Criminal Appeals reversed, holding that the trial judge should have sustained defendants’ plea of former jeopardy. We granted certiorari, and reverse on authority of Hite v. State, 17 Tenn. 357 (1836).

Defendants, were first indicted for robbing one Johnny Bryant of money belonging to the Bed Ace Petroleum Company by the “use of a deadly weapon, to wit: a gun, to wit: a pistol”. At the trial the State’s evidence was that the robbers used a .22 caliber rifle. On this variance, on the…