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| STATE | No. | |||
| Versus | In Criminal Court, | |||
| John Freeman | Monroe County, Tennessee | |||
Bill of Exceptions.
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Witness |
Direct Ex. | Cross Ex. | Re-Di-Ex. | Re-Cross Ex |
Mrs. Tommie Cornett |
2 | |||
| Frank Hargis | 3 | 7 | ||
| Lenoir Wade | 13 | 17 | ||
| Robert Lee, Jr. | 21 | 24 | ||
| Ross Joines | 27 | 29 | ||
| John A. Jenkins | 30 | 32 | ||
| Joe Brakebill | 34 | 36 | ||
| Robert G. Watson | 38 | 40 | ||
Joe Dailey |
41 | 43 | ||
| George Tallent | 46 | 48 | ||
| John Freeman | 49 | 56 | 63 | |
| Garrett Anderson | 65 | 56 | ||
| R. F. Hardin | 78 | 83 | ||
| Louis Cantrell | 86 | 88 | 85 | |
| Joe Harrill | 90 | 93 | 94 | |
| Carroll Cagle | 94 | 96 | ||
| C. H. Biereley | 97 |
Appearances:
R. Beecher Witt, Attorney-General
E. R. Sloan, Attorney
for plaintiff
Frank N. Bratton, Attorney
for defendant.
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| S T A T E | No. | ||
| Versus | In Criminal Court | ||
| John Freeman. | Monroe County, Tennessee |
R. Beecher Witt,E. R. Sloan
For plaintiff.
Frank N. Bratton
For defendant.
On the trial of the case, the following motion was made:
Mr. Bratton: If Your Honor please, the defendant moves the Court to quash the indictment because the charge laid in
the first part of the indictment is repugnant to and inconsistent with the latter part thereof in that: (1) the first part of
the indictment charges the defendant John Freeman with making a felonious assault upon the body of one Rucker
Cornett, and the latter part charges that the defendant John Freeman assaulted himself' and does not aver that the
deceased was killed by the defendant; (2) because the facts alleged in this indictment do not state the charge of
murder in the first degree and that the indictment, although stating the name of the person who was assaulted, did
not state the name of the deceased with reasonable certainty; (3) that the indictment does not charge the defendant
John Freeman with any offense, except that of felonious assault; (4) that the indictment does not allege that the said
Rucker Cornett was killed by the defendant John Freeman; (5) because the indictment generally does not charge
any offense whatsoever, so that the defendant cannot be tried in denial of his rights guaranteed by the Constitution of
the State of Tennessee.
Court: Motion over-ruled.
Mr. Bratton: The defendant excepts to the ruling of the Court.The Jury having been sworn:
Mr. Bratton: I would like to renew my motion to quash the indictment.
Court: Motion over-ruled.
Exception by defendant to ruling of the Court.
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