67 Tenn. 571 | Tenn. | 1876
delivered the opinion of the court.
The defendant was convicted by verdict of a jury February 9, 1876, of involuntary manslaughter, and sentenced to sis months imprisonment in the jail of Shelby county. He made a motion to be discharged based on the following state of facts:
The prisoner had been tried previously, in 1873, before Judge Flippin; on that trial the evidence had been heard and jury charged when the judge was-
We do not think there was any sufficient ground for a discharge of the prisoner. The principle of the case of Patrick Moore v. The State, 3 Heis., 493, is conclusive of the question. In that case the entries were made by the clerk, but never signed by the judge, he having died suddenly. We said in that opinion that we must look to the entries of the clerk in the performance of his official duty with all the presumptions in favor of the regularity and correctness of official action. We think this principle applies with more force in the present case, as we find that it was agreed that what purports to have been doné might be done; and in addition, we have the certifi
Affirm the judgment.