Link v. State
Tennessee Supreme Court
PROM SHELBY. Criminal Court, January Term, 1871. Before JOHN B. FlippiN, J. insisted that the conduct of the prisoner on the first trial, taking part in the selection of the jury and making challenges, was an authority to the court to enter the plea of not guilty: Ilensche v. The People, 16 Mich., 46; cited People v. Frost, 5 Parker’s Cr.
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PROM SHELBY. Criminal Court, January Term, 1871. Before JOHN B. FlippiN, J. insisted that the conduct of the prisoner on the first trial, taking part in the selection of the jury and making challenges, was an authority to the court to enter the plea of not guilty: Ilensche v. The People, 16 Mich., 46; cited People v. Frost, 5 Parker’s Cr. B., 52, as to purpose of arraignment; Code, 5242. If the plea was properly overruled, then the defendant is properly entitled to a new trial, on the refusal to present a. panel and to allow the usual challenges: Code, 5212, 5213. insisted that, if it was…
1Opinion of the CourtDeaderick, J.
At the January Term, 1870, of the Criminal Court of Shelby county, a verdict was rendered against the plaintiff in error, upon an indictment for horse stealing, fixing the time of his imprisonment in the penitentiary at five years.
A motion in arrest of judgment was made by plaintiff in error, and the same was overruled by- the court, and an order made by the court setting aside the verdict and awarding a new trial, without any application therefor by plaintiff in error.
Subsequently, the plaintiff in error, being arraigned at the bar for trial, pleaded the former conviction as a bar to any…
2Cited by2 opinions
- Smith v. StateTennessee Supreme Court · 1960
- Fann v. StateCourt of Criminal Appeals of Texas · 1940