Wilcox v. State
Tennessee Supreme Court
PROM MONTGOMERY. Special Criminal Court, Thos. W. King, J., presiding. insisted, that there was no legally constituted grand jury, the venire being returnable to the second Monday in September, ■ 1870, when by law the court is to be held on the 1st Wednesday of each month.
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PROM MONTGOMERY. Special Criminal Court, Thos. W. King, J., presiding. insisted, that there was no legally constituted grand jury, the venire being returnable to the second Monday in September, ■ 1870, when by law the court is to be held on the 1st Wednesday of each month. That the Act of 1865, c. 5, created in this respect, two offenses, one to “take,” the other to “steal,” and the indictment could not join the two: Blackburn v. State, 2 Cold., 235; 'Whiteside v. State, 4 Cold., 175. To take involves no asportation, to steal does. Error to admit proof of distinct felony: Kinehelow v. State,…
1Opinion of the CourtNelson, J.
The plaintiff in error was indicted in the Criminal Court of Montgomery county, for feloniously taking and carrying away one large bay horse mule, the property of Elijah Lockert. He was convicted on his trial, *112and sentenced to thirteen years confinement, at hard labor, in the penitentiary; and it was also adjudged that he be rendered infamous and disqualified to give evidence, or exercise the elective franchise, or hold any office under this State, and that he pay the costs of this prosecution, &c.
The indictment is founded on the Act of 17th May, 1865, c. 5, sec. 1, which provides “that…
2Cited by5 opinions
- State ex rel. Donham v. YancySupreme Court of Missouri · 1894
- O. H. May Co. v. AndersonTennessee Supreme Court · 1927
- Nichols v. KingTennessee Supreme Court · 1950
- Coldwell v. StateTennessee Supreme Court · 1874
- State Ex Rel. Cohen v. O'NealSupreme Court of Florida · 1930