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  5. 245 S.W.2d 188 (1951)
 

STATE v. OVERTON

245 S.W.2d 188 (1951)

STATE v. OVERTON.

Supreme Court of Tennessee.

December 14, 1951.

Attorney(s) appearing for the Case

Nat Tipton, Asst. Atty. Gen., for plaintiff in error.

L.C. Ely and W.E. Fitzgerald, Knoxville, for defendant.

BURNETT, Justice.

This case is here on appeal by the State from a judgment of the Criminal Court of Knox County sustaining a motion to quash the indictment. The indictment charged the defendant in error in substance with a violation of Code Section 7944a. This section of the Code is in the following language: "Any contractor, subcontractor, or other person who, with intent to defraud, shall use the proceeds of any payment made to him on account of improving certain...

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