90 Tenn. 647 | Tenn. | 1891
The plaintiff in error appeals from the judgment in tliis cause against him, whereby he was sentenced to life impi'isonment for murder, and the following errors for reversal are relied on:
First. — There was a change of venue in this case from Blount to Knox County. After the
Second. — The conduct of one of the jurors is relied on as reversible error. The defendant, in his affidavit for a new trial, savs that,.as the jurors
Third. — It is insisted that a new trial should have been granted, because the jurors had doubts as to the guilt of the prisoner, else they would not
Fourth. — It appears in the affidavit of the defendant for a new trial that one of the counsel
This action of counsel is not alluded to by the Court, and in no way mentioned in the bill of exceptions, either by the Court or by affidavit of counsel, but alone in the affidavit of the defendant for a new trial.
In the case of Turner v. State, 4 Lea, 209, Judge McFarland -said: “This having occurred in open Court, the proper mode to put it in the record would have been to request the Judge to insert it over his own signature in the bill of exceptions.” While we might reverse if we could see that 'the rights of the prisoner had been affected thereby, yet the proper practice should be adhered to, and the matter complained of inserted in the record, or at least, as in the Turner case, proved by affidavits of attorneys, not alone in the
Fifth. — Error is predicated of the charge of the Court that he told the jury they were the judges of the law as well as of the evidence, and “have a legal right to disregard the instructions of the Court, provided you, upon your oaths, can say that you believe that you know the law better than the Court; and, before attempting the exercise of such a delicate right, you should proceed cautiously, and know that if the Court shall commit an error it is one that can be corrected in the mode pointed out by law, while any that you commit will be irreparable. And, before doing this, it is your duty to reflect whether, from your study and experience, you are better qualified to judge of the law than the Court.”
There were some other minor objections to the-charge and to the admission and rejection of evidence, but upon examination we find no error. The charge is a full, fair, and correct exposition of the law as applicable to the proven facts, except as above indicated.
Upon the facts of the case we will only say that, after a full and careful examination, we are satisfied they sustain and warrant the verdict of the jury, and the judgment is affirmed.