Legal Opinion · Dissent

Douglass v. State

Tennessee Supreme Court

Decided September 30, 1959Published

1DissentTomlietsou, Justice

The time spent in jail pending arraignment and trial by these defendants was not in execution of the judgment, hut to assure their presence at the trial since they seemed to have been unable to make an appearance bond. Nevertheless, their incarceration during this period is appealing to our sympathies as individuals. However, I am firmly convinced that we are entirely without authority to credit the sentence imposed with the time that was thus spent in jail.

In this connection, based on my experience in trials of this nature, I venture to say that if, in the presentation of this case to the…

2Cases cited7 opinions

  1. Corlew v. StateTennessee Supreme Court · 1944
  2. Howe v. State Ex Rel. PyneTennessee Supreme Court · 1936
  3. State v. JohnsonSupreme Court of South Carolina · 1930
  4. Fite v. State, ex rel. SniderTennessee Supreme Court · 1905
  5. Thompson v. StateTennessee Supreme Court · 1951

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