Anderson v. State
| Citation | 215 Tenn. 83,383 S.W.2d 763,19 McCanless 83 |
| Parties | , 215 Tenn. 83 Emanuel ANDERSON, Plaintiff in Error, v. STATE of Tennessee, Defendant in Error. |
| Decision Date | 19 November 1964 |
| Court | Supreme Court of Tennessee |
SUPPLEMENTAL OPINION *
The plaintiff in error, Emanuel Anderson, was convicted in the Criminal Court of Shelby County, Tennessee, for murder in the first degree and sentenced to death by electrocution. From this conviction an appeal was duly prayed and perfected.
The appeal came on to be heard at the December, 1937 Term of this Court, when an order was entered in Minute Book 39, page 114, in which it was recited that the matter was considered upon a transcript of the record from said trial court and brief on behalf of the State. Upon consideration of which the Court entered an order,
'* * * on authority of Green v. State, 88 Tenn. 634, 14 S.W. 489, that the defendant be placed in the custody of the Warden of the penitentiary at Nashville, instanter, and be there held for a sufficient length of time to enable Dr. W. S. Farmer, Superintendent of the Central Hospital, to made an examination and observe the conduct of the defendant for the purpose of determining whether he is sane or insane.'
Pursuant to that order the plaintiff in error was so transferred and has since remained in the Maximum Security Unit of Central State Hospital.
Under date of December 8, 1939, the medical staff of the Central State Hospital and the Home for the Criminally Insane, were of the unanimous opinion that Anderson 'continues to be medically Insane, although it is also our opinion that he shows some improvement.'
Under date of September 16, 1964, the Acting Director of the said Maximum Security Unit of Central State Hospital addressed a letter to the Chief Justice, which has been made a part of the record in this case, in which he set forth that because of his (Anderson's)
The holding in Green v. State, supra, has been approved in Jordan v. State, 124 Tenn. 81, 135 S.W. 327, 34 L.R.A.,N.S., 1115 (1910), which case held:
'In this court, however, where it is made to appear to the court that the plaintiff in error is probably insane and should...
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Workman v. State
...Tenn. 259, 231 S.W.2d 707 (Tenn.1950), or a combination of record facts and new evidence that is uncontroverted, see Anderson v. State, 215 Tenn. 83, 383 S.W.2d 763 (1964); Green v. State, 88 Tenn. 634, 14 S.W. 489 (1890). Section 40-27-106 does not authorize relief when a death-sentenced p......
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