Bennett v. State
Tennessee Supreme Court
No seal is, in practice, used or required to process issuing from either the County or Circuit Court; nor is it required to the order or venire facias directing the sheriff to summon a jury- The defendant has a right to a copy of the panel of the jury, and, if the indictment be not found by competent jurors, exception may be taken before the defendant pleads not guilty; and by plea, if the matter does not appear of record. [See Gowrance v. State, 4 Y. 146; ahd State v.…
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No seal is, in practice, used or required to process issuing from either the County or Circuit Court; nor is it required to the order or venire facias directing the sheriff to summon a jury- The defendant has a right to a copy of the panel of the jury, and, if the indictment be not found by competent jurors, exception may be taken before the defendant pleads not guilty; and by plea, if the matter does not appear of record. [See Gowrance v. State, 4 Y. 146; ahd State v. Duncan, 7 Y. 276, citing this case.] The Court are bound to know the officers of government who are appointed by the…
1Opinion of the CourtCatRON, J.
The defendant was indicted in the Maury Circuit Court for the [134] murder of Thomas Callahan, pleaded not guilty, was convicted, and judgment passed upon him, from which he took his writ of error to this Court.
The first objection taken to the record is, that it does not appear that there was any seal of the Court affixed to the venire facias which issued from the Maury County Court, authorizing the sheriff to summon the jury for the Circuit Court, returnable to the term when the indictment was found.
It is insisted that unless the venire facias had the seal of the Court annexed, it had no…
2Cases cited1 opinion
- Donohoo's Lessee v. Brannons.Tennessee Superior Court for Law and Equity · 1808