concluding that there was no showing of improper influence, actual partiality, or inherent bias when counsel failed to elicit that a juror was the student of the District Attorney General, who did not participate in the trial
How later courts described this case
- concluding that there was no showing of improper influence, actual partiality, or inherent bias when counsel failed to elicit that a juror was the student of the District Attorney General, who did not participate in the trial
- holding the trial court did not abuse its discretion in permitting the state to reopen its case in order to establish venue
- statements made to co-conspirator later granted immunity not discoverable because the co-conspirator "was in no sense an agent of the State at the time the undisclosed statements weremade"
Written by the judges who cited it.
The opinion
GALBREATH, Judge,
concurring.
While concurring without reservation in Judge Daughtrey’s opinion I would follow precedent laid down by such humane jurists as Mr. Justice Cook in Woodruff v. State, 164 Tenn. 530 , 51 S.W.2d 843 (1932), and urge that clemency, if appropriate, be extended if application is made on behalf of the defendant, whom I regard as a product of the same misguided but all too often tolerated approach to public service that resulted in the prosecutions of and clemency bestowed upon such political figures as a former President and Vice-President of the United States.
Hopefully, the painful lessons of recent years that have forcibly taught those entrusted with public office that they, even more than others, should refrain from violation of law, will be effective. It is doubtful if any useful purpose to society will be served by incarcerating any first offenders in this category, if it is made to appear that the chances of them again engaging in improper conduct is remote and that the chances for complete rehabilitation are promising. The deterrent effects of the ordeal inherent in the publicity surrounding the prosecution is probably much more effective than would be punishment and in illustrating graphically that, in our society, no person is above the law.