Henderson v. State Ex Rel. Lance

Me. Chiee Justice Burnett

delivered the opinion of the Court.

Lance filed his petition for the writ of habeas corpus in the Circuit Court of Davidson County, Tennessee, and this petition was duly transferred under the statute by the Chief Justice to the Criminal Court of Loudon County which was the original convicting court. After the hearing before the trial court, Lance’s petition was granted and he was ordered re-tried on the reinstated indictment. From this order the State through its Warden duly appealed, errors have been assigned, briefs filed and arguments heard.

Mr. Fowler was appointed…