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STATE v. BROWN

244 S.W.2d 168 (1951)

STATE ex rel. UNDERWOOD v. BROWN, Commissioner of Institutions, et al.

Supreme Court of Tennessee.

On Petition to Rehear December 14, 1951.

Attorney(s) appearing for the Case

Knox Bigham, Asst. Atty. Gen., for plaintiff in error.

Carl R. Hardin, Nashville, for defendant in error.

BURNETT, Justice.

This is an appeal by the Commissioner of Institutions and the Warden of Fort Pillow State Farm from a judgment sustaining relator's petition for a writ of habeas corpus, and releasing relator from the custody of the defendants.

On November 20, 1948, in case No. 17039 in the Criminal Court of Davidson County, the relator, on his plea of guilty, was convicted of the offense of housebreaking. On November...

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