Atchley v. State

MR. Justice, Chambliss

delivered the opinion of the Court.

The question is presented for the first time whether or not power is conferred by Chapter 76, of the Acts of 1931, Williams’ Code, 11802.1 et seq., on the trial judge to grant a parole or suspension of sentence at a term subsequent to that when the conviction is finally adjudged.

Prior to the passage of this Act of 1931 judges had no such power to parole or to suspend a sentence (Spencer v. State, 125 Tenn., 64, 140 S. W., 597, 38 L. R. A (N. S.), 680), as is conferred by this Act. Being, therefore, in derogation of the common law, the…