State v. Donaldson
Tennessee Supreme Court
PROM LOUDON. Appeal from the judgment of E. T. Hall, J., presiding in the Circuit Court. cited Bishop’s Cr. Law, 552, and cases there cited. He admitted that the better ruling would be to retain the jurisdiction in the old county, as the other would perhaps interfere with pending prosecutions. insisted that it would be a departure from the Constitution to try a defendant in the new county for an offense committed in the old.
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PROM LOUDON. Appeal from the judgment of E. T. Hall, J., presiding in the Circuit Court. cited Bishop’s Cr. Law, 552, and cases there cited. He admitted that the better ruling would be to retain the jurisdiction in the old county, as the other would perhaps interfere with pending prosecutions. insisted that it would be a departure from the Constitution to try a defendant in the new county for an offense committed in the old. Attorney General in reply, said that the spirit of that provision was, to try by a jury of the vicinage, who must in part, and might all, be cut off into the new county.
1Opinion of the CourtDeaderick, J.
At the September Term, 1870, of the Circuit Court of Loudon county, an indictment was found against the defendant in error, for carnal knowledge of a female under the age of ten years.
The indictment charged that the offense was committed in the county of Loudon, on the 10th day of March, 1868, a time anterior to the passage of any law authorizing the establishment of said county, and of course before the- organization or existence of said county.
On motion of the defendant, by his counsel, the indictment was quashed by the Circuit Judge, and thereupon the District Attorney excepted to the…
2Cases cited1 opinion
- Jordan v. StateSupreme Court of Georgia · 1857
3Cited by6 opinions
- People v. StokesCalifornia Supreme Court · 1894
- State v. ShawTennessee Supreme Court · 1904
- State of Tenn. v. CornellisonTennessee Supreme Court · 1933
- Commonwealth v. GayMassachusetts Supreme Judicial Court · 1891
- State v. MarshallTennessee Supreme Court · 1910
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