Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-20
SUPREME COURT OPINION.
rHoAAs II. eolDvrLL, ATronsEr GENERAL AsD zrroHr4r
HOLLAND osBURN vs.. THE sTATE.

HOLLAND osBURN vs.. THE STATE
the County Court Of Knox county for Obstrc.ing publ
road. There we're motions for trial ard in
Judgment, which overruled by the Court and
five dollars imposed From this Judgment the plantn Il
prayed an appeal to the Circuit Court Of Knox county
writ Of oeora and spersss and the ess m
Circuit Court where motto Attorney General
prosccntes appeal error to this Court Passing bv m
grounds for new trial andthe reasons in arrest OF udg
question relied for reversal Of this case "
Does an appeal lie from thu County Court Knox county
ors to Circuit Court Of the same county
The solution OF this question must be found
acts Of Assembly comforting jurisdiction on Tho County
Court Of Knox county to hear determine
The 1856 eh IS section provides for the election Of
County Judge ~ the qualified votes Davidson shelby
ana mllianson counties, who shall hold
ms Once Tor the period Of eight from the date Of HE
By this the ordinary powers and jurisdiction exercised
by the County Court are Conferred mon he anntv IJe
with the right 20 either party appeal from any iadgment
ORDER Decree action of County Judge as are allowed
by the laws of the State in other cases sec 8 The ACT
Of 1858 coners no the County Judge empan-
mel juries or to hear and determine misdemeanors.
But the legislature at the session. acts Of IS5s ch
co. T. provided: Tha the County Of Knox coun-
oencss under the grade Of petit larceny
proceedings shall be founded indictments or
found by the grand jury Of Knox county for such offence
erred for trial as aforesaid to the County Court of said
y and the Clerk Of the Circuit Court county upon
cult Court Of said county, shall make entry thereof upon
the minutes Of said Court heretofore certify the tran
sentiment Indictment Clerk of the County Court Of
said county T which he shall receive ten cens whe shall
and the entry of the finding thereon
IN welibound book be kept for that purpose and
fully file and docket them for County Court and
the certified transcript Of said evidence Of
nndng Of any sgen presentment or Indictment trans
The 5h section provides the issuance by the County
Judge at eaeh Tern tue Court next preceding the Februa
n frFffrs ffr
twenty citizens to se> as jurors, ct Get.
1t is urhr provided opening the Court for the trial OF
such certified these stated periods in each wear corr
responding with the regular terms Of the Circuit Court
that the district Attorney appear and prosecute as 10
the Circuit Court Of the county
Afterwards by the act of $780, chap. 2O sections and g.
the Legislature amended the 1858 as follows viz
That the 9th section of passed the 10th Of March
1885, chap 90 be 50 amended that hereafter the Judge of tbs
of ge a to the Sheriff Of Knox county at the terms he
is now required by law to do for twenty competent
citizens Of said county to act Jurors in the trial of misde
meanors."
And g that hereafter the Judge Of the County of
Knox county at each term of said Court the mis-
demeanor sha cause grand jury TO be selected from the
and presentments for misdmeanors shall found
by the grand Jury OF said County Court instead of the Grand
1t be observed that provisions Of the stat
utes referred to- be found in the acts Of the Lee
county try offences below grade Of petit larceny pr
vide for appeal from the verdict Judgment Of that tri
yon it insisted that in such appeals lie to the Cir
cult Court as in other provided by law We do not
Jurisdiction IN this class Of cases apprehend
eve the Circuit Court Of their trial and could
been contemplated by the Legislature that party charged
with the commission of msdemeanor should have right
TO two trials by jury while party charged with felony
could have but one except discretion Of the Circuit or
Criminal Court trying him. This would be anomaly
our system OF jurisprudence which certainly
tenplae by the Legislature and which under the pr
visions OF the Code 1852, would necessarily follow
lair construction of the several provisions of the statute
comforting jurisdiction in misdemeanor County
Court OF Knox county leaves doubt that the Legislature
intended to create tribunal wholly distinct from the
ordinary functions of the County Court, with power try
offences below the grade of petit larceny.
Il Is true that the two tribunals presided by
and the judge but their the same and
Inc Jurisdictions powcs of the one are wholly distinct
and different from the other.
1t follows, therefore, that appeal will lie the
county Court of Knox county, sitting Criminal Court
or the trial OF msdemeanors, TO the Circuit Court of the
same county, but Lies directly to the SHpreme Court.
There no error either in the County Court refusing
e appeal to the Circuit Court in the Circuit
Diminishing the writs of cerorari and supersedeas.
Judgment affirmed.
true copy: MILLIGAN,
Test: Judge
NJ. J.. PATTERSON, Clerk,