HOUTCHENS v. Lane

These two cases have been consolidated on appeal for argument and determination. They both involve an appeal from the denial of a writ of habeas corpus. The appellants were each found guilty of petit larceny while armed with a deadly weapon, by a jury in the Knox Circuit Court. The trial judge fixed the sentences. It is contended that the jury, rather than the trial judge, should have fixed the sentences.

We have first presented to us whether or not this Court has jurisdiction in an appeal of this character and whether or not a motion for a new trial is the proper manner for presenting alleged…