Smithson v. State

This case is before this court a second time, on a conviction at a third trial for the crime of manslaughter and assessment of punishment at two years in the penitentiary.

The opinion of this court on the former appeal is reported in 124 Tenn., 218, 137 S. W., 487, 36 L. R. A., (N. S.), 397. On the trial in the court" bel'ow, counsel for State, in advance of the production of any evidence, asked that the jury be caused to retire, in order to a submission to the trial judge of a motion. In the absence of the jury, counsel for the State stated that they had been informed that counsel for…