Becton v. State

OPINION ON PETITION TO REHEAR

FONES, Justice.

The petition to rehear does not address itself to the ruling of the Court as set forth in the foregoing opinion. The petition asks us to tax the court costs against Shelby County and the State of Tennessee, and to either commute Becton’s sentence to time served or recommend to the Governor that the sentence be commuted.

Petitioner relies upon T.C.A. § 40-3331. This section, originally enacted as Chapter 20 of the Acts of 1897, was held in Working v. State, 131 Tenn. 186, at 188, 174 S.W. 256 (1914), to apply only to costs in the trial courts. A…