JAMES v. STATE


268 S.W.2d 341 (1954)

JAMES v. STATE.

Supreme Court of Tennessee.

May 21, 1954.


Attorney(s) appearing for the Case

Joe H. Walker, Jr., Ripley, Wils Davis, and L. E. Gwinn, Memphis, for plaintiff in error.

Knox Bigham, Asst. Atty. Gen., for the State.


TOMLINSON, Justice.

In each of these two cases tried together James was convicted of assault. Fine was fixed in each case by the jury at $50. The Court added a jail sentence of sixty days. The first of the two assignments of error upon which this appeal is based is that the Court erred in failing to hold that James made a seasonable demand for the jury to fix the sentence, if any, in each case.

The only reference made by James during the trial to the fixing...

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