Swanner v. State
Tennessee Supreme Court
1Opinion of the CourtJustice Gailor
*359The defendant was tried on an indictment charging assanlt with intent to commit mnrder in the-first degree. The jury brought in the following verdict:
“We find the defendant gnilty and fix his punishment at one year in the ¡State Penitentiary. ’ ’
The words of this verdict-were carried into the judgment on which sentence was pronounced, but no offense was specified in the judgment. Motion for new trial was duly overruled and an appeal perfected in which errors are assigned on the assertion that the verdict and the judgment are void for uncertainty.
We think these assignments'are valid and must…
2Cases cited1 opinion
- Fuerst v. StateTennessee Supreme Court · 1905
3Cited by3 opinions
- State v. McJunkinCourt of Criminal Appeals of Tennessee · 1991
- State v. Timothy Wayne TiptonCourt of Criminal Appeals of Tennessee · 1999
- King v. StateCourt of Criminal Appeals of Tennessee · 1976