State v. Norvell
Tennessee Supreme Court
The defendant was indicted for murder, and was found not guilty of murder, but guilty of manslaughter. He made a motion in arrest of judgment, which motion the circuit court sustained, and the judgment was accordingly arrested. From the opinion of the court in arresting the judgment no writ of error was prosecuted to the supreme court.
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The defendant was indicted for murder, and was found not guilty of murder, but guilty of manslaughter. He made a motion in arrest of judgment, which motion the circuit court sustained, and the judgment was accordingly arrested. From the opinion of the court in arresting the judgment no writ of error was prosecuted to the supreme court. The defendant was again indicted for the same offence ol murder, to which indictment he pleaded the formerin-dictment setting it forth verbatim, and the verdict thereon “of not guilty of murder, but guilty of manslaughter,” to which plea the Attorney General…
1Opinion of the Court
Haywood Judge
delivered the opinion of himself and *25Judge Emmerson — Whyte Judge gave no opinion, question to be determined in this case is, whether a plea of acquittal, or conviction, without judgment being rendered thereon, in a criminal case affecting life or limb, is a good plea in bar of a second prosecution far the same of-fence. The bill of rights in this Slate (section 10) declares, that no person shall for the same offence be twice put in jeopardy of life or limb. The prisoner ought not to be again tried, though judgment be not pronounced, if there be a verdict of not guilty upon a…
2Cases cited1 opinion
- People v. CasborusNew York Supreme Court · 1816
3Cited by4 opinions
- King v. StateTennessee Supreme Court · 1965
- Pratt v. United StatesCourt of Appeals for the D.C. Circuit · 1939
- Davis v. StateTennessee Supreme Court · 1955
- McGlothlin v. StateCourt of Criminal Appeals of Tennessee · 1974