82 S.W.2d 862 | Tenn. | 1935
The plaintiff in error was charged by indictment returned by the grand jury February 7, 1934, with the *53
murder of John Turner. The cause was continued upon motion of defendant until the June term and set for trial the second Wednesday of June. No further proceedings are shown by the record until October 17, a day within the June term, when, upon motion of the Attorney-General, the court allowed the cause to be retired from the docket; a procedure which by delay might bar further prosecution. Smith v. State,
The question is not open to review either upon appeal or writ of error, for nothing was adjudicated in the trial court. No disposition was made of the cause. Jordan v. State,
Dismissed. *54