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WHITE v. STATE

542 S.W.2d 628 (1976)

Earnest L. WHITE and Robert Earl Cole, Plaintiffs-in-Error, v. STATE of Tennessee, Defendant-in-Error.

Court of Criminal Appeals of Tennessee.

February 19, 1976.

Attorney(s) appearing for the Case

Ural B. Adams, Jr., Asst. Public Defender, Memphis, for plaintiff-in-error.

R.A. Ashley, Jr., Atty. Gen., John F. Southworth, Jr., Asst. Atty. Gen., Nashville, Arthur T. Bennett and James W. Harrison, Asst. Dist. Attys. Gen., Memphis, for defendant-in-error.

OPINION

WALKER, Presiding Judge.

In this appeal in error from their first degree murder convictions and 25-year sentences, we first consider the question the defendants, Earnest L. White and Robert Earl Cole, recognize the most important in the case. May a trial judge act on a motion for a new trial more than 60 days after he vacates the bench? The defendant insists that TCA 17-116 clearly means that he must act within that time. The state urges that we...

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