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State v. Sims

State v. Sims.

State v. Sims, 1 Tenn. 253 (1807)
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Court
Tennessee Superior Court for Law and Equity · State Appellate Courts
Decided
October 6, 1807
Judges
Overton, Campbell, Powel
Citations
1 Tenn. 253
Headnotes
If a man be confined on a criminal charge, & there be no officer to prosecute, he has a right to demand his discharge.
Summary
He was committed for stealing goods out of Porter’s store in Carthage. There was no attorney general, nor any person to prosecute for the state.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Campbell

Campbell, J.

requested the prosecutor to be called ; he was and asked if he had any thing to say why the courtshould not discharge the defendant; as his counsel insisted that he had a right to claim his discharge.

Overton, J.

The 9th section of the bill of rights secures to the citizen a speedy, public trial, and to demand the cause of the accusation against him.The state has omitted to provide an attorney general since the resignation of the former one. Upon this man’s demanding the cause of accusation against him, and that he shall have a trial, and there being no reason shewn why he should not, he ougnt to be discharged. The omission of the state to provide a public prosecutor, cannot render the provision of the constitution inefficient ; this circumstance of itself furnishes no ground to keep the prisoner six months longer in confinement.

Campbell, j. and Powel, j. gave no decisive opinion on this ground, but the prisoner was discharged.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2022: 120222026peak 2022 · 1

Relies on it most ⓘ

  1. United States v. Jeffrey Olsen21 F.4th 1036 (9th Cir. 2022)

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  1. United States v. Jeffrey Olsen21 F.4th 1036 (9th Cir. 2022)

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