Felton N. Clark v. State of Tennessee, 214 Tenn. 555

Mr. Chief Justice BurNett delivered the opinion of the Court. The defendant, Felton N. Clark, was found guilty of an assault with intent to commit a felony in violation of sec. 39-603, T.C.A. For this offense his penalty was fixed at eleven months and twenty-nine days on the county road and to pay a fine of $500.00. From this conviction, he has appealed in error to this Conrt.

His case is before us on the technical record only, there being no bill of exceptions, The case was not argued before this Court, and no assignments of error were filed in this Court; but we have considered the record before us, as is our duty in felony cases under the provisions of sec. 40-3409, T.C.A. The technical record shows that after the indictment was returned charging the defendant with the violation of sec. 39-603, T.C.A., with an attempt to commit a felony, he appeared by counsel and filed a plea of not guilty.

The charge of the court is in the technical record, and from it we reach the conclusion that the facts were heard pro and con on the matter before the jury returned its verdict, as above indicated. The record shows that defendant was represented by able counsel at his trial. The motion for a new trial primarily raised the question that the evidence was insufficient to support the verdict. Obviously, this is a fact question where, in the absence of a bill of exceptions, the presumption certainly is that the evidence abundantly supports the findings of the jury against the defendant on the issue raised.

We have carefully reviewed this technical record and find no error therein. It results that we must affirm the defendant’s conviction.