Metzner v. State
| Decision Date | 31 May 1913 |
| Parties | METZNER v. STATE. |
| Court | Tennessee Supreme Court |
Error to Circuit Court, Tipton County; S. J. Everett, Judge.
Frank Metzner was convicted of a crime, and he brings error. Modified.
Sherrod Smith, of Covington, for plaintiff in error.
W. W Faw, Asst. Atty. Gen., for the State.
The plaintiff in error was indicted for the offense of selling intoxicating liquors within four miles of a schoolhouse. The case was tried before the circuit judge without a jury, and Metzner was found guilty. The judge sentenced him to 6 months' imprisonment, and imposed a fine upon him of $400. Metzner has brought his case to this court, and the only question made here is the right of the court to impose upon him a fine of this amount.
Chapter 1 of the Acts of 1909, prescribing the penalty for this offense, provides for a fine of not less than $50, nor more than $500, and imprisonment for not less than 30 days nor more than 6 months.
Section 14 of article 6 of the Constitution of Tennessee is as follows:
"No fine shall be laid on any citizen of this state that shall exceed $50, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than $50."
In behalf of the state it is insisted that, the plaintiff in error having waived a jury trial below, the trial judge thereby became vested with all the functions and powers of a jury in respect to the trial of this particular offense including the right of imposing any fine which the jury might have imposed for a violation of the particular statute.
The section of the Constitution quoted seems to confer upon a jury the exclusive right of assessing a fine in excess of $50. The language is that no fine exceeding that amount shall be imposed, unless assessed by a jury.
In our opinion, this constitutional provision withholds from the court or judge the right to inflict fines exceeding $50, and confers upon the jury exclusive power or jurisdiction to impose fines above that sum.
While it is settled in this state that a defendant in a misdemeanor case may waive a trial by a jury, we do not think by such a waiver he can confer on the judge power or jurisdiction plainly withheld from the judge by the Constitution.
This is a matter of jurisdiction. Jurisdiction is conferred by law, and cannot be conferred by consent.
Power or jurisdiction to inflict a fine exceeding $50 having been by law conferred upon a jury alone, and withheld from the judges, no waiver or consent of parties can be invoked to endow a judge with this jurisdiction.
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Town of Nolensville v. King, No. M2001-02572-COA-RM-CV (Tenn. App. 12/19/2003)
...case, perfecting a de novo appeal to circuit court stays the order imposing the fine. 29. State v. Durso overruled Metzner v. State, 128 Tenn. 45, 47, 157 S.W. 69, 70 (1913) that had held that Tenn. Const. art. VI, § 14 was a jurisdictional ...
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State ex rel. McMinn v. Murrell
... ... exceeds $50 unless assessed by a jury of his peers. Such is ... the meaning of Scopes v. State, 154 Tenn. 105. 289 ... S.W. 363, 53 A.L.R. 821; Upchurch v. State, 153 ... Tenn. 198, 281 S.W. 462; State v. White, 132 Tenn ... 203, 177 S.W. 478; Metzner v. State, 128 Tenn. 45, ... 157 S.W. 69; State v. Schlitz Brewing Co., 104 Tenn ... 715, 59 S.W. 1033, 78 Am.St.Rep. 941. For a collection of ... authorities discussing the general rule as to waiver of a ... jury in felony cases, see notes, 48 A.L.R. 767, and 58 A.L.R ... A ... ...
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Upchurch v. State
...and minimum, from and to which it would be necessary for the courts to exercise a discretion in fixing the amount. In Metzner v. State, 157 S.W. 69, 128 Tenn. 45, it was held that power to assess a fine over $50 is expressly withheld from the judges and expressly conferred upon the jury, an......
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Spurgeon v. Worley
... ... Constitution. Article 6, § 1, provides: ... "The ... judicial power of this State shall be vested in one Supreme ... Court, and in such Circuit, Chancery and other inferior ... courts as the Legislature shall, from time to time, ... maximum fine of more than $50, only a court and jury can ... assess the punishment. State v. White, 132 Tenn ... 203, 177 S.W. 478. See Metzner v. State, 128 Tenn ... 45, 157 S.W. 69 ... When ... jurisdiction is conferred upon a court created under article ... 6, § 1, ... ...