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STATE v. BANKS

564 S.W.2d 947 (1978)

STATE of Tennessee, Petitioner, v. James Thomas BANKS, Respondent.

Supreme Court of Tennessee.

April 17, 1978.

Attorney(s) appearing for the Case

David L. Raybin, Asst. Atty. Gen., Nashville, for petitioner; Brooks McLemore, Jr., Atty. Gen., Nashville, of counsel.

Robert L. Tucker, Roger A. Stetter, U.T. Legal Clinic, Robert W. Ritchie, Knoxville, for respondent.

OPINION

BROCK, Justice.

The defendant was convicted of second degree murder and sentenced to 99 years imprisonment. He appealed and the Court of Criminal Appeals conditionally granted a new trial.

The defendant Banks and the victim, Sidney Edward Smith, Jr., attended a party together on the night of the slaying. Banks offered to take Smith home from the party. The next morning Smith's nude body was found lying in a ditch in a Knoxville park. Death...

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