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15 Beeler 441

167 S.W.2d 331

Haskins v. State

Tennessee Supreme Court

Decided January 11, 1943

Tennessee Supreme Court · decided 1943-01-11

Cited by 2 later decisions — most recently March 1964

2 state decisions

Key passage — most relied on by later courts

“"The Grand Jurors for the State and County aforesaid, upon their oath present and say that Irvin D. Burton and Foster Brandon on or about the 18 day of February, 1956, in the State and County aforesaid did unlawfully and feloniously take, steal and carry away the following described personal property to-wit: $1186.04 in lawful money of the United States, the property of William E. Anderson, Fred R. Anderson, Eura Anderson, Ethel Anderson, Duke and Henry P. Anderson, with the felonious intent to deprive the true owners thereof "Against the peace and dignity of the State of Tennessee, the defendants left the State of Tennessee a short time after said offense and have remained absent from this state for more than five years."”

quoted by 1 later decision, including Burton v. State

“In adding the words `of Tennessee,' the legislature went beyond the constitutional requirement, and the added words must, therefore, be construed as merely directory and not mandatory.”

quoted by 1 later decision, including Burton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1943-01-11

View the full empirical analysis of this case →

*442 Me. Justice DeHaven

¶1 delivered the opinion of the Court.

¶2 This is an appeal by McKinley Haskins from a conviction for petit larceny. It is contended that the trial court erred in overruling defendant’s motion to quash the indictment upon the ground, among others, that the indictment did not conclude with the words, “against the peace and dignity of the State of Tennessee.” The indictment does conclude with the words, “against the peace and dignity of the State.” Section 12, Article VI, of the Constitution of Tennessee provides in part, as follows: “Indictments shall conclude, ‘against the peace and dignity of the State.’ ” The indictment in this case is, therefore, in strict compliance with the constitutional requirement. Section 11623 of the Code provides that indictments shall conclude “against the peace and dignity of the State of Tennessee.” In adding the words “of Tennessee,” the Legislature went beyond the constitutional requirement, and the added words must, therefore, he construed as merely directory and not mandatory. Grover C. Reed v. State, (unpublished opinion) Knoxville term, 1941. In the case of Paul Stallings v. State, September term, 1933, in an unpublished opinion of this court, among other things, it was said: ‘ ‘ This indictment meets the constitutional requirement because it concludes ‘against the peace and dignity of the State, ’ and these words are synonomous with and impart the same meaning as the conclusion ‘against the peace and dignity of the State of Tennessee,’ which is the only sovereignty that exercises criminal jurisdiction through the courts of Knox County. The omission of the words ‘of Tennessee’ could not therefore impair the validity of the indictment.”

¶3*443 Our conclusion is that the trial judge did not err in overruling defendant’s motion to quash, the indictment. We have filed a separate opinion, not for publication, dealing with the other questions made on the appeal and finding them to he without merit. The result is that the judgment of the trial court must he affirmed.

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