42 Tenn. 212 | Tenn. | 1865
delivered the opinion of the Court.
Swang, the plaintiff in error, was presented by the grand jury, in the Circuit Court at Winchester, in ten cases, for gaming. The game was cards, and Smock,
The first question presented in the record, is, whether or not the plaintiff in error had the right to waive his submission,, and plead not guilty. We think he had. In an old case, reported in 1st Tennessee, 437, this question is distinctly decided; and that part of the opinion of the Court has not, so far as we have been able to see, been overruled by any subsequent decision. The right seems to be founded in sound reasoning, but it can only be exercised in such cases as are affected with fraud, putting in fear, or gross misrepresentation. By the Constitution of the State, the accused, in all cases, has a right to “a speedy public trial, by an impartial jury of the county or district in which the crime
In this case, the application was supported by the prisoner’s own affidavit, and the affidavits of seven other persons, including the joint statement of the grand jurors.' These sworn statements disclose a statement of facts, which, we apprehend, is unprecedented in the judicial history of the State; and if they are to be believed, (and they are corroborated, in many essential particulars, by the affidavit of the District -Attorney,) they amount, in the prosecuting attorney, to little less than common barratry, and official oppression. We do not deem it necessary to comment further upon them, as many of the facts stated are wholly erroneous, and inapplicable to this case; but enough appears to satisfy the Court, that the plea of guilty, and the submission, were made under an unwarrantable exercise of the influence of the District Attorney.
The accused was a stranger, and a non-resident of the State, in the custody of the Sheriff, and away from those who would be likely to become bound for his appearance. Under such embarrassing circumstances, he was, as it appears, among other things highly improp
In ordinary cases, and when the Circuit Judge felt he had the power to set aside a judgment, after submission, we would not feel disposed to disturb his action ; but in this case, it appears, he doubted his authority to allow the motion, and set aside the judgment, after a plea of guilty; and for that reason, this Court feels warranted, under the facts of this case, to reverse the judgment of the Circuit Judge, and to award a trial of the cause, under proper pleadings, before a jury.