State v. Chaffin

Decided December 15, 1852

Tennessee Supreme Court · decided 1852-12-15

The defendant was arraigned before a Justice of the Peace under the “small offense law,” and fined for the commission of an “assault,” as charged in the warrant. Subsequently he was indicted in the circuit court for an assault and battery, to which indictment he pleaded the former conviction of the assault.

Cited by 1 later decisions — most recently June 1975

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-12-15

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TotteN, J.,

¶1delivered tbe opinion of tbe court.

¶2Tbe defendant was indicted for an assault and battery upon tbe person of Daniel I-Iolman. He pleaded in bar a former conviction before a Justice of tbe Peace, under tbe “small offense law.” The warrant before tbe justice is for an asscmlt, but tbe plea avers that it is for the same offense as that alleged in the indictment.

¶3Hie battery includes tbe assault, and for tbe assault the defendant has received tbe legal punishment. He cannot now be punished for tbe battery, because it cannot be separated from tbe assault. Tbe one is a necessary part of the other, and if he be now punished for the battery, be will thereby be twice punished for tbe assault; that is, be twice punished for tbe same offense, which, of course, cannot be done.

¶4Let tbe judgment be affirmed.