Legal Opinion

Freeman v. State

Tennessee Supreme Court

Decided September 15, 1870PublishedCited by 1 opinion

From the criminal court of Greene county. A. W. Howard, J., presiding. The defendant, at the November term, 1869, was convicted of murder in the first degree, and sent tO' the penitentiary.

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From the criminal court of Greene county. A. W. Howard, J., presiding. The defendant, at the November term, 1869, was convicted of murder in the first degree, and sent tO' the penitentiary. On presentation to this court, on a former day of this term, of the record, and on motion of Mr. Ingersoll, counsel for the prisoner, a writ of error was awarded, and the sheriff of Knox county was directed to proceed to the penitentiary and demand and receive the prisoner from the keeper of the penitentiary, to whom also a mandate issued, requiring him to deliver said prisoner to the sheriff of Knox…

1Opinion of the CourtDeaderick, J.

In this cáse the plaintiff in error was jointly indicted as accessary before the fact, with one-Charles Smith (colored), his principal, who was charged in the indictment with murder in the first degree.

The offense of Smith, charged in the indictment, consisted in placing a certain obstruction on the East Tennessee & Virginia Kailroad, near Blue Springs, which threw the engine off the track, and, by the escaping steam, one Thomas Carlton, a fireman on the engine, was so badly scalded that he died of his injuries nine days after.

Smith was first tried and convicted of murder in the first degree,…

2Cited by1 opinion

  1. Wheelock v. StateTennessee Supreme Court · 1926

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