Bowles v. State
| Decision Date | 30 April 1858 |
| Citation | 37 Tenn. 360 |
| Parties | JOHN E. BOWLES v. THE STATE. |
| Court | Tennessee Supreme Court |
OPINION TEXT STARTS HERE
FROM TIPTON.
The prisoner was convicted of manslaughter in the circuit court of Tipton, at the January Term, 1858, upon which Judge Humphreys pronounced judgment against him. He appealed in error. The errors assigned are fully stated in the opinion of the court.
E. M. Yerger and Milton A. Haynes, for the prisoner; Sneed, Attorney-General, for the state.
The prisoner was indicted for murder in the criminal court at Memphis, at the February Term, 1856. At the following June Term, on the application of the prisoner, the venue was regularly changed by order of the court, as seems from the record, to the county of Fayette, and a transcript of the record and proceedings was ordered to be certified to said court. For some cause, of which the transcript before us leaves us in utter ignorance, the order for the change of venue was not executed; and the next step in the case, according to the record, was at the October Term, 1856, of said criminal court, when, as it appears, the case was considered as still remaining in that court for trial; whereupon, the prisoner, in the form of a special plea, set up the objection of want of authority, or right, in that tribunal, to entertain further jurisdiction of the case, by reason of the order of the preceding term, changing the venue. To this plea the attorney-general put in a demurrer, which was sustained, and leave given the prisoner to plead to the indictment. The prisoner then pleaded not guilty, and the case was continued on his application. At the February Term, 1856, the venue was again ordered to be changed on the application of the prisoner, to Tipton county; in which the latter county a trial was had at the January term, 1858.
The prisoner was convicted of manslaughter, and sentenced to confinement in the penitentiary for the term of three years. From which judgment he prosecuted and appeal in error to this court.
1st. Taking the proceedings to have been as presented in this record, and we cannot do otherwise, the court had no jurisdiction of the case after the first order, for the change of venue. We are not called on to say, in the state of this record, whether it might not have been allowable for the court, with the assent of the prisoner, to have vacated the order for the change of venue, at the same term at which it was made; no such question arises; ...
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