Cowan v. State
Decision Date | 27 October 1906 |
Parties | COWAN v. STATE. |
Court | Tennessee Supreme Court |
John L. Smith, for plaintiff in error. The Attorney General, for the State.
The plaintiff in error was indicted for the murder of one Walton in the circuit court of James county, and convicted of voluntary manslaughter. The verdict and judgment of the court, along with the motion for new trial and prayer for appeal, all in one entry, appear in the following language, omitting the formal part of the entry:
There is no bill of exceptions.
The judgment is plainly defective, but it may be amended here so as to permit the entry of a formal judgment on the verdict.
In respect of the powers of this court concerning matters of this kind, the following rules have been established by our cases: Where an error has been committed by the jury in rendering a verdict for a term either higher or lower than that authorized by the statute which designates the punishment for the crime, there is no remedy in this court except a reversal, and a remand to the lower court for further proceedings. Mayfield v. State, 101 Tenn. 673, 676, 49 S. W. 742; McDougal v. State, 64 Tenn. 660. But where the verdict of the jury is in proper form, and the circuit court has rendered an erroneous judgment on the verdict, this court will, on appeal of defendant, make the proper correction, and render such judgment as the circuit court should have rendered. Cronan v. State, 113 Tenn. 539, 82...
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Collins v. State
...by statute, there is no remedy but to reverse and remand for a new trial, McDougal v. State, 64 Tenn. 660 (1875); Cowan v. State, 117 Tenn. 247, 96 S.W. 973 (1906); Jamison v. State, 220 Tenn. 280, 416 S.W.2d 768 (1967); Corlew v. State, supra ; on the issue of guilt as well as punishment, ......
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Marshall v. State
...by the trial court and render the judgment that court should have rendered. McCampbell v. State, 116 Tenn. 98, 93 S.W. 100; Cowan v. State, 117 Tenn. 247, 96 S.W. 973; Coleman v. State, 121 Tenn. 1, 12, 133 S.W. 1045; Crow v. State, 136 Tenn. 333, 337, 189 S.W. 687; Godsey v. State, 162 Ten......
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Beaver v. State
...a new trial as to both guilt and punishment. McDougal v. State, 64 Tenn. 660; Wilson v. State, 103 Tenn. 87, 52 S.W. 869; Cowan v. State, 117 Tenn. 247, 96 S.W. 973; Nashville Railway & Light Co. v. State, 144 Tenn. 446, 234 S.W. 327; Bowmer v. State, 157 Tenn. 124, 6 S.W.2d 326; Van Pelt v......
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Coleman v. State
...here, so as to set out the facts sufficiently. Cronan v. State, 113 Tenn. 539, 543, 82 S. W. 477, and cases cited; Cowan v. State, 117 Tenn. 247, 249, 96 S. W. 973. Upon the correction of the judgment in the manner indicated, the judgment of the court below will be ...