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117 Tenn. 537

Sharp v. State

Tennessee Supreme Court

Decided September 15, 1906

Tennessee Supreme Court · decided 1906-09-15

<p>1. JUDGMENT. Absence of, cannot be supplied; remandment for, ■when.</p> <p>The absence of a judgment in the lower court cannot be supplied, even where there is a proper verdict; and in such case an appeal must he dismissed and the case remanded for judgment in accordance with the verdict.</p> <p>Cases cited and approved: Nolin v. State, 6 Cold., 12; Tomasson v. State, 112 Tenn., 596. ,</p> <p>Case cited, approved and distinguished: Cowan v. State, 117 Tenn., 246.</p> <p>2. CLERK’S COSTS. Eor making transcript, disallowed, when.</p> <p>Where, on appeal of a criminal case, the transcript is in inextricable confusion, the costs of the clerk for making it will he disallowed.</p>

Key passage — most relied on by later courts

“The absence of a judgment cannot be supplied in this court.”

quoted by 1 later decision, including Cobble, Admr. v. International Agri. Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1906-09-15

How this case has been cited

Cited by 6 later decisions — most recently January 1982

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Chief Justice Beard

¶1delivered the opinion of the Court.

¶2The plaintiff in error was indicted and tried for the killing of one Jacob Beeler. The jury returned a verdict of “guilty of murder in the second degree,” and fixed his punishment at ten years’ confinement in the penitentiary. The record shows that a motion for a new trial was overruled, and from this an appeal was prayed and granted to this court. No judgment was entered on the verdict, whether by inadvertence of the trial judge in failing to pronounce one, or, if pronounced, by clerical negligence not entered. If there had been an imperfect judgment in the court below, it might have been corrected (Cowan v. State, 117 Tenn., 246, 96 S. W., 973); but the absence of a judgment cannot be supplied in this court. The appeal was improperly granted and must be dismissed. Nolin v. State, 6 Cold., 12; Tomasson v. State, 112 Tenn., 596, 79 S. W., 802. The cause is remanded to the circuit court of Union county, in order that a judgment may be entered in accordance with the verdict.

¶3We find the transcript in this case is in inextricable confusion. The cost of the clerk in making out the same is disallowed.

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