Mikels v. State
Tennessee Supreme Court
FROM KNOX. Circuit Court, November Term, 1870. O. P. Temple, Otu, presiding by interchange. insisted that if a man be convicted for an offense, included in a greater offense, he could not afterwards be tried for the greater offense; as the lesser being included in the greater, must be punished with it, which would be a double punishment as to the lower offense. Cited 1 Bishop, § 838, 884, 889, 892, note 2; 1 Chit. Cr. L., 458, 486; 1 Whar. Am. Cr.
Read the full summary
FROM KNOX. Circuit Court, November Term, 1870. O. P. Temple, Otu, presiding by interchange. insisted that if a man be convicted for an offense, included in a greater offense, he could not afterwards be tried for the greater offense; as the lesser being included in the greater, must be punished with it, which would be a double punishment as to the lower offense. Cited 1 Bishop, § 838, 884, 889, 892, note 2; 1 Chit. Cr. L., 458, 486; 1 Whar. Am. Cr. Law, § 563, 565. A party brought before a J. P., is never in jeopardy at all. He can not be convicted except on his submission. There is no trial.…
1Opinion of the Court
Nicholsost, C, J.,
delivered the opinion of the Court.
At the June Term, 1869, of the Circuit Court for Knox county, John Michels was indicted for an assault with intent to commit murder. At the November Term, 1870, ''defendant, by his counsel, entered a special plea of autre fois convict, to which the Attorney General demurred, which was argued by counsel and considered by the court; which demurrer was sustained.”
The plea states that, “on the 17th day of May, 1869, before F. A. Armstrong, Esq., then an acting Justice of the Peace for the county of Knox; the said defendant having theretofore…
2Cited by1 opinion
- Hamlin v. StateCourt of Criminal Appeals of Oklahoma · 1912