(Download) "State Tennessee v. James Henry Gilbert" by at Knoxville Court of Criminal Appeals of Tennessee # Book PDF Kindle ePub Free
eBook details
- Title: State Tennessee v. James Henry Gilbert
- Author : at Knoxville Court of Criminal Appeals of Tennessee
- Release Date : January 01, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
TATUM, Judge. OPINION The defendant, James Henry Gilbert, was sentenced to serve 15 years in the State penitentiary upon conviction
of second degree murder. On this appeal, he complains that the evidence was insufficient to support the verdict, the State's
calling two witnesses not listed on the indictment, the court's refusal to permit him to read the testimony of two State witnesses
given at a prior trial, alleged prosecutorial misconduct, and the trial Judge's jury instructions. After considering the issues
presented and the entire record, we conclude that the judgment must be affirmed. This was the second trial of the case, the first trial having resulted in a mistrial. The trial court directed a verdict
of not guilty on the charge of first-degree murder and submitted the case to the jury on the charge of second-degree murder
and included offenses. This prosecution arose from a shooting that occurred in a trailer park owned by the defendant in which
the victim lived with his wife and baby.