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GRAHAM v. STATE OF TENNESSEE

279 S.W.2d 265 (1955)

William O. GRAHAM v. STATE of Tennessee.

Supreme Court of Tennessee.

May 6, 1955.

Attorney(s) appearing for the Case

Hugh Stanton, of Memphis, for plaintiff in error.

Nat Tipton, Asst. Atty. Gen., for the State.

TOMLINSON Justice.

Upon his plea of guilty of housebreaking and larceny the jury fixed Graham's punishment at not more than three years in the penitentiary. Graham requested the Trial Court to sentence him to the Shelby County Workhouse instead of the penitentiary. The application was grounded on the provisions of Code Section 11793 providing, in so far as material here, as follows:

"In all cases where any person shall be convicted of a felony, and the jury...

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