Sharp v. State
| Decision Date | 24 November 1906 |
| Citation | 97 S.W. 812 |
| Parties | SHARP v. STATE. |
| Court | Tennessee Supreme Court |
Appeal from Circuit Court, Union County; H. Clay James, Judge.
Hiram Sharp was found guilty of murder, and appeals. Appeal dismissed, and case remanded for pronouncing of judgment.
W. R. Hicks, A. L. Evans, and D. D. Anderson, for appellant. Attorney General Cates, for the State.
The plaintiff in error was indicted and tried for the killing of one Jacob Beeler. The jury returned a verdict of guilty of murder in the second degree, and fixed his punishment at ten years' confinement in the penitentiary. The record shows that a motion for a new trial was overruled, and from this an appeal was prayed and granted to this court. No judgment was entered on the verdict, whether by inadvertence of the trial judge in failing to pronounce one, or, if pronounced, by clerical negligence not entered. If there had been an imperfect judgment in the court below, it might have been corrected (Cornelia Cowan v. State, 96 S. W. 973); but the absence of a judgment cannot be supplied in this court. The appeal was improperly granted and must be dismissed. Nolin v. State, 6 Cold. 12; Tomasson v. State, 112 Tenn. 596, 79 S. W. 802. The cause is remanded to the circuit court of Union county, in order that a judgment may be entered in accordance with the verdict.
We find the transcript in this case is in inexcusable confusion. The cost of the clerk in making out the same is disallowed.
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...intervened, to sentence Defendant and sign minutes containing final judgment and judgment overruling motion for new trial. Sharp v. State, 117 Tenn. 537, 97 S.W. 812; Spencer v. State, 125 Tenn. 64, 140 S.W. 597, 38 L.R.A.,N.S., 'The Trial Court speaks only through its minutes. Mullen v. St......
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...appeal in error could be taken. This case is therefore distinguished from those cases (as Butcher v. Palmer, 4 Cold. 248; Sharp v. State, 117 Tenn. 537, 97 S. W. 812; Briggs v. Clawson Brothers & Nashville Trust Co., 3 Tenn. App. 146; Cobble v. International Agricultural Corporation, 2 Tenn......
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...of the case upon the verdict. A verdict, before judgment has been entered thereon, has no finality, cannot be executed (Sharp v. State, 117 Tenn. 537, 97 S.W. 812), and cannot be pleaded in bar as res judicata or offered in evidence as collateral estoppel. Smith v. McCool, 83 U.S. ( (16 Wal......