Marsh v. Henderson

CourtSupreme Court of Tennessee
Writing for the CourtBURNETT
Citation424 S.W.2d 193,221 Tenn. 42,25 McCanless 42
Decision Date26 January 1968
Parties, 221 Tenn. 42 Bobby MARSH v. C. Murray HENDERSON, Warden Tennessee State Penitentiary.

Page 193

424 S.W.2d 193
25 McCanless 42, 221 Tenn. 42
Bobby MARSH
v.
C. Murray HENDERSON, Warden Tennessee State Penitentiary.
Supreme Court of Tennessee.
Jan. 26, 1968.

[221 Tenn. 43]

Page 194

Walter Baker Harris, Jackson, for plaintiff in error.

George F. McCanless, Atty. Gen., and Robert H. Roberts, Asst. Atty. Gen., Nashville, for the State.

BURNETT, Chief Justice.

OPINION

This is a habeas corpus petition, but it is unlike any other that we have had before this Court. After having an evidentiary hearing on this petition it was denied and an appeal has been seasonably perfected.

On April 12, 1954, the petitioner, Marsh, was arrested and charged with murder in the first degree in Madison County. In the early part of May of that year on a plea of present insanity he was committed to the Western State Hospital for hospitalization and was found insane to the extent that he could not distinguish right from wrong. He was returned to the Criminal Court of Madison County in July, 1954, and tried by a jury on the question of present insanity. The jury found him insane and incapable of advising his counsel and he was thereupon committed to the maximum security unit of Central State Hospital. On November 2, 1964, about ten years later, he was returned from Central State Hospital and on the recommendation of the District Attorney General after reading the reports from Central State the Court sent him to Western State Hospital again for a thirty-day period of hospitalization. Following this hospitalization

Page 195

he was returned to Central State until September 9, 1965, at which time he appeared before the Criminal Court of Madison County and entered a plea of guilty to murder in the second degree and was given a sentence of [221 Tenn. 45] not more than twenty (20) years by the jury, the minimum sentence being ten (10) years. During this period of time the defendant was confined for a total period of eleven (11) years and five (5) months, practically all of which was in a State Mental Institution for the Criminally Insane.

After he plead guilty and was sentenced as set out above, he filed his petition for habeas corpus and claimed that under § 40--3102, T.C.A., he was entitled to receive credit for the time spent in State institutions on his sentence. It was on this claim that the trial judge denied his petition, because he didn't think that he had authority to grant such habeas corpus because the statute (§ 40--3102, T.C.A.) only provided that a defendant shall receive credit 'for the time he served in the jail, workhouse or penitentiary subsequent to any conviction arising out of the original offense for which he was tried.' The trial judge held that the petitioner here had not been serving a sentence in any of these institutions including being committed to jail, the workhouse or any imprisonment of the kind, and thus we have the question fairly presented to us as to whether or not under the terms of the statute (§ 40--3102, T.C.A.) the serving of time...

To continue reading

Request your trial
122 practice notes
  • State v. Black, No. 01-S-01-9002-CR00007
    • United States
    • Supreme Court of Tennessee
    • August 5, 1991
    ...and should not be construed as superfluous or as surplusage. Tidwell v. Collins, 522 S.W.2d 674, 676-77 (Tenn.1975); Marsh v. Henderson, 221 Tenn. 42, 424 S.W.2d 193, 196 (1968). It must be assumed that in choosing those circumstances severe enough to warrant the death penalty the General A......
  • Silliman v. City of Memphis, No. W2013-02858-COA-R3-CV
    • United States
    • Court of Appeals of Tennessee
    • July 2, 2014
    ...component parts are consistent and reasonable." In re Estate of Tanner, 295 S.W.3d 610, 614 (Tenn. 2009) (quoting Marsh v. Henderson, 424 S.W .2d 193, 196 (Tenn. 1968)). Thus, the statute's plain language demonstrates that the General Assembly was seeking to prevent municipalities from acti......
  • State v. Rickman & Groseclose, W1999-01744-CCA-R3-CD
    • United States
    • Court of Appeals of Tennessee. Court of Criminal Appeals of Tennessee
    • May 17, 2002
    ...arising out of the original offense for which the defendant was tried." Tenn. Code Ann. 40-23-101(c) (1997); see also Marsh v. Henderson, 424 S.W.2d 193, 195 (Tenn. 1968); Stubbs v. State, 393 S.W.2d 150, 154 (Tenn. Concededly, a defendant need not necessarily present affirmative proof of p......
  • State v. Turner
    • United States
    • Court of Appeals of Tennessee. Court of Criminal Appeals of Tennessee
    • September 20, 1995
    ...395 U.S. at 718-19, 89 S.Ct. at 2077, 23 L.Ed.2d at 665-66 (footnote omitted). 67 Tenn.Code Ann. § 40-23-101(b); see Marsh v. Henderson, 221 Tenn. 42, 424 S.W.2d 193 (1968); Stubbs v. State, 216 Tenn. 567, 575-76, 393 S.W.2d 150, 154 (1965). 68 See State v. Mahler, 735 S.W.2d 226 (Tenn.1987......
  • Request a trial to view additional results
122 cases
  • State v. Black, No. 01-S-01-9002-CR00007
    • United States
    • Supreme Court of Tennessee
    • August 5, 1991
    ...and should not be construed as superfluous or as surplusage. Tidwell v. Collins, 522 S.W.2d 674, 676-77 (Tenn.1975); Marsh v. Henderson, 221 Tenn. 42, 424 S.W.2d 193, 196 (1968). It must be assumed that in choosing those circumstances severe enough to warrant the death penalty the General A......
  • Silliman v. City of Memphis, No. W2013-02858-COA-R3-CV
    • United States
    • Court of Appeals of Tennessee
    • July 2, 2014
    ...component parts are consistent and reasonable." In re Estate of Tanner, 295 S.W.3d 610, 614 (Tenn. 2009) (quoting Marsh v. Henderson, 424 S.W .2d 193, 196 (Tenn. 1968)). Thus, the statute's plain language demonstrates that the General Assembly was seeking to prevent municipalities from acti......
  • State v. Rickman & Groseclose, W1999-01744-CCA-R3-CD
    • United States
    • Court of Appeals of Tennessee. Court of Criminal Appeals of Tennessee
    • May 17, 2002
    ...arising out of the original offense for which the defendant was tried." Tenn. Code Ann. 40-23-101(c) (1997); see also Marsh v. Henderson, 424 S.W.2d 193, 195 (Tenn. 1968); Stubbs v. State, 393 S.W.2d 150, 154 (Tenn. Concededly, a defendant need not necessarily present affirmative proof of p......
  • State v. Turner
    • United States
    • Court of Appeals of Tennessee. Court of Criminal Appeals of Tennessee
    • September 20, 1995
    ...395 U.S. at 718-19, 89 S.Ct. at 2077, 23 L.Ed.2d at 665-66 (footnote omitted). 67 Tenn.Code Ann. § 40-23-101(b); see Marsh v. Henderson, 221 Tenn. 42, 424 S.W.2d 193 (1968); Stubbs v. State, 216 Tenn. 567, 575-76, 393 S.W.2d 150, 154 (1965). 68 See State v. Mahler, 735 S.W.2d 226 (Tenn.1987......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT