State v. Evans
Tennessee Superior Court for Law and Equity
Indictment for horse stealing a capital offence.* On monday in the second week of the term, the defendant was brought out, and charged; upon being asked if he had counsel, he answered that he had not; that he was not able to employ any; that he had been speaking to Mr. M'Campbell, who had not as yet undertaken for him; upon which the prisoner had a short conversation with Mr. M'Campbell, who informed the court, that he had been retained by the prisoner as his counsel and…
Read the full summary
Indictment for horse stealing a capital offence.* On monday in the second week of the term, the defendant was brought out, and charged; upon being asked if he had counsel, he answered that he had not; that he was not able to employ any; that he had been speaking to Mr. M'Campbell, who had not as yet undertaken for him; upon which the prisoner had a short conversation with Mr. M'Campbell, who informed the court, that he had been retained by the prisoner as his counsel and desired time to consult with him. The prisoner was permitted in custody of the sheriff, to retire behind the bar, with his…
1Opinion
The case is new, therefore let the prisoner be remanded until Monday, and I will examine the authorities, and endeavor to form an opinion. On Monday he delivered, in substance, the following opinion: —
The investigation of this subject has involved questions, not only of the first concern in the practice, but of great magnitude as respects the liberty and safety of the citizen. It must be confessed that my practice has been limited in criminal cases. The first inquiry which presents itself is, what is the practice of the State? Every prosecution is understood to stand of course for trial at…
2Cases cited2 opinions
- Aldrich v. RobinsonHawaii Supreme Court · 1862
- Sloo v. LawU.S. Circuit Court for the District of Southern New York · 1849